ANKARA – The court forced Aysel Tuğluk to make her defense despite the fact that she said she is not in a position to defend herself and that she doesn't remember anything.
The 5th session of the 15th hearing of the Kobané Case where 108 politicians, 21 of whom are currently behind bars are on trial with the accusation of their involvement in the October 6-8 Kobané Protests is being held in Sincan Prison Campus.
Aysel Tuğluk, who is suffering from dementia was forced to make her defense the last hearing in which she said she is not well enough to make a defense. Tuğluk was once again forced to make her defense by the presiding judge despite the fact that she is suffering from dementia. Tuğluk's attorney Serdar Çelebi took the floor and reiterated their demand for Tuğluk not to make her defense, presenting the medical reports proving she can't defend herself and underlining that forcing her to do so is torture.
JUDGE DECIDED TUĞLUK TO MAKE HER DEFENSE
While her attorney requested that one of Tuğluk's attorneys make the defense in her place due to her health issues, the court board used the Forensic Medicine Institude report that says she can 'partially defend herself' as a justification and forced Tuğluk to make her defense.
TUĞLUK: I AM NOT IN A POSITION TO DEFEND MYSELF
Even though it was clear that Tuğluk was having a hard time speaking, the court board told her to continue her defense. Even though Tuğluk told that she is not in a position to defend herself, the court board started to ask her questions. The court board asked Tuğluk if she knew Kerem Gökalp who gave a statement that Tuğluk helped carry the wounded with her car. Tuğluk said she didn't remember anything and she didn't know Gökalp.
'YOU ARE TORTURING HER'
Taking the floor, Çelebi objected to the questions and said: "What do you know about dementia? You are torturing a Kurdish woman here. How can you rely on the Forensic Medicine Institude (ATK) report? Have some conscience. You are mocking us. Have some respect! What are you up to? You have already made your decision. Do not continue torturing her. Who are you people? You will stand trial here one day too."
'SHE DOESN'T EVEN RECOGNISE HER ATTORNEY'
Even though Tuğluk told that she can not answer the questions, the court board continued to ask questions and said: "Do you want me to speak slower?" Tuğluk said: "I don't know when these things you said happened, happened, I don't know what happened, I don't know why I am here and why I am on trial." Protesting the attitude of the court board, Gültan Kışanak said: "This is torture. She doesn't even recognise her attorney and you continue to ask questions. This is not acceptable. We do not accept this. This is torture. You muted the microphones when she spoke. Go check the SEBGİS (sound and video information system) records."
Interrupting Kışanak often, and muting the microphone of attorney Çelebi, the court board continued to ask questions. The court board shouted at Tuğluk who said she did not understand what they said and said: "I was not speaking to you!".
'REQUEST FOR SEPERATION OF CASE'
Taking the floor after Çelebi, Attorney Kenan Maçoğlu requested the seperation of the case due to the health issues of Aysel Tuğluk while the court continued to interrupted his words, repeating that Tuğluk should make her defense.
Attorney Ali Bozan who participated at the hearing from Mersin via SEGBIS, said: "I want to say just one thing. Did you hear what Aysel Tuğluk said when she spoke? Because it was not understandable and you will not be able to hear it from the court records. You insistantly asked questions and forced her to defend herself. This is torture. She is not the only one who did not make her defense. There are 12 people here who wants to make their defense and you refuse to hear their defense. You are deliberately torturing her."
Following Bozan's statements, the court unanimously rejected the requests of Aysel Tuğluk not to be interrogated and the file to be separated and continued the trial.