Turkey’s Top Judicial Body Investigates Judge Over Gezi Park Case Ruling

News About Turkey - NAT
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Turkey’s Council of Judges and Prosecutors (HSK) has launched an investigation into Judge Fatih Kapan, who ordered the release of celebrity manager Ayşe Barım, arrested in connection with the 2013 Gezi Park protests. The decision was overturned, and Barım was re-arrested before leaving prison.

According to the state-run Anadolu Agency, HSK’s First Chamber initiated an inquiry into Judge Kapan, ordering a council inspector to review the case. If sufficient evidence is found, the chamber will recommend proceeding with a formal investigation.

Judge Orders Release, Higher Court Overturns Decision

Barım, founder of ID Communications Limited, was arrested on January 24 on charges of “attempting to overthrow the government” due to her alleged role in encouraging actors under her management to participate in the Gezi Park protests.

Her lawyers appealed her detention, and the Istanbul 8th Criminal Court of First Instance, presided over by Judge Kapan, ruled for her release, citing the nature of the charges, available evidence, and witness testimonies. However, the Istanbul Chief Public Prosecutor’s Office objected, referring the case to the 20th High Criminal Court.

Prosecutors also sought a new arrest warrant as a precautionary measure to prevent Barım from leaving prison. The 20th High Criminal Court upheld the prosecution’s objection, overturned the release order, and ruled for Barım’s continued detention. As a result, despite the initial court order, she never left prison.

Celebrity Manager at Center of Controversy

The investigation into Barım stems from accusations that she played a role in organizing and mobilizing artists for the Gezi Park protests, which began in 2013 as a small demonstration against an urban development project in Istanbul but quickly escalated into a nationwide anti-government movement.

Authorities claim Barım used her influence in the entertainment industry to persuade well-known actors to participate in the protests. As part of the investigation, several renowned Turkish actors were questioned, including Halit Ergenç, Dolunay Soysert, Rıza Kocaoğlu, Mehmet Günsür, Ceyda Düvenci, and Nejat İşler.

She was officially charged and arrested on January 27, after which she was transferred to Silivri Prison.

Actors Face Investigation for False Testimony

In a separate development, authorities have opened an investigation into actors Halit Ergenç and Rıza Kocaoğlu for allegedly providing false testimony in Barım’s case.

According to prosecutors, phone records show that during the Gezi Park protests, Barım communicated multiple times with several famous actors, including:

  • Halit Ergenç (12 times)
  • Dolunay Soysert (10 times)
  • Bergüzar Korel (7 times)
  • Ceyda Düvenci (4 times)
  • Nejat İşler (2 times)
  • Rıza Kocaoğlu (1 time)

Authorities allege that Ergenç and Kocaoğlu deliberately gave evasive or misleading statements to protect Barım.

Judicial Independence in Question

The investigation into Judge Kapan has sparked concerns over judicial independence, as critics argue that courts in Turkey are increasingly pressured in cases involving political dissent. Since the failed coup attempt in 2016, Turkey has intensified crackdowns on opposition figures, journalists, and civil society leaders.

Legal experts and opposition figures claim that the judiciary is being used as a political tool to target individuals linked to past protests and dissenting voices in the entertainment industry.

Observers see Barım’s case as part of a broader effort by the ruling Justice and Development Party (AKP) to assert greater control over Turkey’s cultural landscape. The government has frequently clashed with artists, writers, and filmmakers over content critical of its policies.

As the investigation into Judge Kapan unfolds, legal experts warn that the case could set a precedent for judicial decisions in politically sensitive cases.

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