Defense in Kurdish accepted as 'use the right to remain silent'  

2023-10-12 11:19:09


	 

	AMED - Diyarbakır Execution Judgeship deemed the prisoners who made their defense in Kurdish as "Giving up their defense and using their right to remain silent".

	 

	During the morning count on August 25, in Diyarbakır No. 2 High Security Closed Prison, prison staff entered ward A-23 and asked İbrahim Zeren, who was staying in the ward, to remove the blanket spread on the floor on the grounds that it "posed a security weakness". Zeren responded that "it would be correct for the prison personnel to remove items that are thought to constitute a security vulnerability."

	 

	Thereupon, the First Director of the Prison said: “If I say remove it, you will remove it. He started shouting, saying, "You will carry out whatever instructions we give here." Again, upon the instruction of the warden, Zeren was taken to a single cell called "observation room". While Zeren was being taken away, other prisoners condemned the situation by shouting the slogan "Pressures cannot intimidate us."

	 

	'ONE MONTH COMMUNICATION PENALTY'

	 

	The prisoners, whose defense statements were taken within the scope of the investigation initiated by the prison administration after the incident, stated that they condemned the situation as a conscientious duty against the pressure their friends were subjected to. As a result of the investigation by the prison administration, 49 prisoners were sentenced to "deprivation of communication or means of communication" for 1 month on the grounds of "unnecessarily singing anthems and shouting slogans".

	 

	TRANSLATOR FEE WAS REQUESTED FOR KURDISH

	 

	Upon the objection of the prisoners, the decision was transferred to Diyarbakır Execution Judgeship. While some prisoners were present at the hearing held at the Diyarbakır 3rd Execution Judgeship, some were connected to the hearing via the Audio and Video Information System (SEGBİS). 49 prisoners submitted a petition or verbally to the judgeship that they wanted to make their defense in Kurdish; however, the judge stated that defense in Kurdish would be allowed if the translator fee was paid. The prisoners said that they would not pay the requested translator fee and insisted on their demand for defense in Kurdish.

	 

	'USED HIS RIGHT TO REMAIN SILENT'

	 

	After the prisoners answered the questions asked to them in Kurdish, the judge deemed the prisoners to have "given up their defense and used their right to remain silent." The incident was reflected in the report with the following expressions: "In response to the convict: He insisted on making his defense in Kurdish, and since he did not make any statement regarding the payment of the translator fee, it was deemed that the convict gave up making his defense and used his right to remain silent."

	 

	ENDED THE HEARING

	 

	The judge decided to end the hearing, claiming that prisoners Ramazan Yılmaz and Mustafa Kutay, who were connected to the hearing via SEGBİS, gave instructions to make their defense in Kurdish. Claiming that Yılmaz and Kutay "displayed an organizational attitude" by directing other prisoners not to speak without an interpreter, the judge decided to notify the relevant authorities with a request for disciplinary punishment against both men. The next hearing was postponed to October 18 to receive the statements of other prisoners.