Even a march of respect for martyrs was considered 'inciting the public to hatred and hostility'!

The indictment against Zafer Party Chairman Prof. Ümit Özdağ, who was detained in the middle of Ankara as if he were being kidnapped on charges of insulting Erdoğan, but was arrested for "inciting the public to hatred and hostility," was prepared 78 days later.

In the 9-page indictment, a total of 34 social media posts by Özdağ, who is accused of inciting the events that took place on June 30, 2024, in Kayseri following allegations that a person of Syrian nationality harassed a young girl, were presented as evidence. Three of these are posts without commentary, and 25 of them belong to the years 2020-2024 and have nothing to do with Kayseri.

Let's assume that Özdağ "incited" them; this means it could only be understood 7 months later, last January, and it was decided to arrest Özdağ!..

There is also a video post by Özdağ in the indictment; it belongs to two months before the Kayseri events, and the Kayseri Chief Public Prosecutor's Office had previously issued a decision of non-prosecution regarding it.

After recalling that the report by the Kayseri Police Department, which holds individuals "sympathetic" to Özdağ and his party responsible for the events that occurred, was also prepared on the day Özdağ was to be arrested, we would like to describe a case filed against 5 people in Ankara with similar accusations.

A SIMILAR CASE IN ANKARA

The date is August 2023. At that time, 5 people, two of whom were close to the Zafer Party but had no connection with each other other than some Twitter posts and WhatsApp correspondence, were detained on charges of "inciting the public to hatred and hostility through the press and media in a collective and chain manner."

After a few days of detention, all but one were released with judicial control measures.

After a few hearings, the prosecutor, who gave his opinion on the merits last November, requested that the defendants be punished on charges of "making posts that openly incite the public to hatred and hostility with hate speech used in social media posts on the internet" and again "openly inciting the public to hatred and hostility with discourse and actions that could disrupt public peace and public security."

THE CRIME OF SUPPORTING KIRKUK

Shall we look at what these "actions and evidence" of the defendants are?

One of them called for: "We will hold a press statement in front of the Iraqi Embassy on September 5 to condemn the acts of violence against our Turkmen kinsmen in Iraq and to be the voice of our kinsmen in the Turkmeneli geography, especially in Kirkuk. The Turkish Nation has many kinsmen to support. Kirkuk belongs to the Turks."

Anything else?

He condemned the decision not to allow the Azerbaijani flag into the Turkey-Armenia match played in Eskişehir... He made posts such as: "No matter which party or ideology you belong to, stand against the occupation. Turkey belongs to the Turks. Turkey is not a refugee camp."

Another person, besides asking for support for the press statement to be made for Kirkuk, wrote the following from Hatay, where he went after the earthquake on February 6, 2023, tagging Erdoğan:

"Very bad news is coming from Hatay. There is no water in the region. Please help... Most of the neighborhoods in Hatay still have no water or electricity. The earthquake is over, the rubble has been cleared, it has been forgotten. Do not forget, do not get used to it. There is no hygiene. Our helpless citizens are still struggling with a ton of problems there, they still need support. What are you good for?"

Regarding asylum seekers, he said: "We are not anti-refugee, we want temporary asylum seekers who have entered our country illegally to go to their countries. If you are so sad, let us send you with them... Both the Geneva Convention and international law dictate that people with temporary asylum seeker status should return when the war in their countries ends. These are not refugees, they are temporary asylum seekers. Even granting citizenship to an asylum seeker is against the law."

Likewise, he responded to provocations warnings: "We are not new to the streets. For years we have carried out actions against political Islam, we have not been a tool for provocation or excess. Those who have known me for years know well that no action I am involved in can be provoked."

The third defendant spoke at the "Kirkuk belongs to the Turks" event held in front of the Iraqi Embassy: "Who are those who come as refugees, we don't know if they are CIA agents... They made us forget our Oath... Terrorists were welcomed at the border gate... While all the needs of immigrants are met, we cannot feed our children, they cannot eat toast."

WHAT KIND OF ACCUSATION IS THIS?

Let's come to the even more striking part of the file.

The fourth defendant made the following post on April 23, 2023, regarding asylum seekers:

"On the occasion of the holiday, we visited Anıtkabir and then Cebeci Martyrs' Cemetery as a family. Afterwards, I took my little brother to the Gençlik Park amusement park. I had to leave the crowd so that my Afghan and Syrian brothers in groups of 6 or 7 could have more fun. That's all I have to say."

In the words of the prosecution, while referring to some events in the nationalist community on a date "not determined before September 11," he wrote:

"The events and internal conflicts within the community have become very foolish. A great cause is being stalled by cheap fights. The country is under refugee occupation, but our topic is individuals. What I mean is that we don't need enemies other than ourselves. As long as this mindset doesn't change, there will be no way forward for us."

In another post, regarding a person he identified as defrauding martyrs' families, he said: "Valuable Turkish nationalists, I am fulfilling the promise I wrote here this morning with the justified pride of solving another incident in a more professional way and defeating the opponent with intelligence. No one has messed with his order for 3 years, but a dog that doesn't know how to bark brings a wolf into the house. Martyrs' families will also come to that courtroom. You will not look them in the face."

Anything else? He wrote poems like this:

"We are one, we speak; God is the one who hears us. If He does not fix the era, it is forbidden for us to laugh... Listen to me, oh God, this is my prayer to you. Either cut off our lineage or awaken this lineage... Do not consent to frustration, work; do not give up determination! Even if you are going to burn yourself, do not burn your child... It is right for a land that has no owner to sink! If you own it, this homeland will not sink."

We left the most painful posts that entered the case file regarding this defendant for last.

In August 2023, there was news of many martyrs. Upon this, a march of respect was organized from Ankara Güvenpark to Cebeci Martyrs' Cemetery.

Here are the defendant's posts regarding this:

On August 11, he said: "On Sunday at 15.00, we will gather at Güvenpark for our martyrs and walk to Cebeci Martyrs' Cemetery. We invite all the Turkish people. This issue is an issue above parties. The march is not organized by any institution or organization, but by Turkish youth."

On August 13, he thanked those who participated in the march of respect for the martyrs and the speakers...

Some time after this, he reacted to the "September 1 World Peace Day" events, probably of the HDP members: "While many of our movements were restricted on the grounds of security measures even in the march of respect for martyrs we held 1 month ago, I really do not understand how such an event is allowed to be held by fierce enemies of the Turks and the State."

Let us note that the connection between the defendants was established mostly through this march of respect for martyrs; and that a conclusion was reached that the attack by foreigners on a Turkish citizen in Bursa, the judicial cases between Turkish citizens and foreigners in İzmir, and the murder of a person of Syrian nationality in Adana occurred due to the posts we quoted above.

"IF THERE ARE ONLY 5 NATIONALISTS LEFT, WHAT A PITY"

There was a hearing for this case last March 27. Not the defendants, but their lawyers made their defense against the opinion on the merits. What did they say?

Atty. Alptürk Kaya emphasized that the indictment, including typos, was turned into an opinion using the cut-copy-paste method, and after drawing attention to the irregularities in the investigation process, he spoke as follows:

"The posts presented as evidence of crime are within the scope of freedom of thought and expression. How can the crime of inciting the public to hatred and hostility be derived from 'I invite you to a press statement for Kirkuk'? I think the person who included the words 'There is no water in Hatay, please help' in the indictment has a problem with Hatay. There is no causal link between the events in Bursa, İzmir, and Adana and the posts. The posts were made after these events in terms of time, and even because these events were happening. Although the alleged actions were individual in nature, they were evaluated within the scope of 'collective crime' without a concrete justification, and it was aimed to extend the detention period, thus removing the defendants from the legal regime they should be subject to."

Atty. Oğuzhan Şimşek also noted that his client was not in the WhatsApp group that was the subject of the accusation and explained the following regarding the march of respect for martyrs:

"Hundreds of people participated in this march. Why were the other individuals who participated in the march not added to this file? How can a march of respect for martyrs be the subject of an indictment? Who was provoked because he walked from Güvenpark to Cebeci Asri Cemetery with a Turkish flag in his hand? How can commemorating martyrs be shown as evidence for an accusation? Hasn't this nation always considered martyrs sacred? Didn't we say 'May my existence be a gift to the Turkish existence' every morning before entering class? Haven't events where we commemorate our martyrs, such as March 18, been organized since primary school? I am ashamed that I have to make such a defense in the supreme Turkish courts. It is a grave situation if a conviction decision comes out of here. It means the Ministry of National Education is giving our children the wrong moral education, let's go and sue them. It means the TSK has committed this crime hundreds of times. Holding funeral ceremonies in Kocatepe and organizing ceremonies with convoys and sirens up to Cebeci Asri Cemetery also means inciting the public to hatred and hostility. Let me be clear; a conviction decision to be given means saying, 'Let the Turkish nation no longer commemorate its martyr, let them be buried somewhere quietly and silently as if they had committed a shame.' It is stated that the client made nationalist posts. Is it a crime to make nationalist posts, and are those who make nationalist posts limited to 5 people across the country?"

Upon this, while it was noted that the Court Judge said, "If there are 5 nationalists left, what a pity," Atty. Şimşek continued as follows:

"After the HDP's Kobani call, the public took to the streets during the October 6-7 events, 37 people lost their lives, and 761 people were injured. This is how inciting the public to hatred and hostility happens. Even if we do not accept it, let's assume that the client provoked the Turks. How could he have provoked the Arabs in Bursa? Also, since it was not added to the file, we do not know what these events are. I want to ask the prosecutor; what stopped you in 3 events? If news pages were scanned, I am sure you would have found 30 more. In the first hearing, when I said, 'The Arab is the victim, my client is guilty. The Turk is the victim, my client is still guilty,' everyone, including the Judge, laughed. After everyone laughed at this, it is a tragicomic situation for the prosecutor's office to give an opinion saying, 'Yes, you are guilty of all of them.'"

Atty. Şimşek concluded his defense by saying, "The decision will be made in the name of the Turkish Nation. I am sure that we cannot accept the punishment of a nationalist Turkish youth who commemorates those who died for the Turkish Nation as a decision made in the name of the Turkish Nation," while the Judge joked, "You showed a stick under the robe."

Stating that the decision in this case will be given in June, let's get to the point.

If supporting the Turkmen homeland of Kirkuk is considered a crime; of course, Talabani will appoint an illegal governor to Kirkuk... The Barzanis will open an office there at the beginning of this month after an 8-year hiatus... Whatever is happening or will happen; Iraqi Turkmen Front Chairman Hasan Turan, who said just 14 days ago, "Kirkuk is Turkish, it will remain Turkish!.. We will not bow to efforts to weaken the Turkmen Front. The Kirkuk Shield Forces have been and will continue to be the defenders of the Turkmen identity and Kirkuk with their blood," resigned as of yesterday.

And even if the march of respect for martyrs is made the subject of an accusation, and a penalty is given on top of it; of course, the PKK will be the most pleased!..

Müyesser YILDIZ

April 14, 2025