Acquittal in the 'Domuz Bağcılar' (Pig-Tied Killers) case between Zafer Party and HÜDA PAR

Müyesser Yıldız - 12punto.com.tr

In the first hearing of the case filed by HÜDA PAR Chairman Zekeriya Yapıcıoğlu last week, the prosecutor presented their final opinion on the merits, requesting that Fatih Eryılmaz be punished for 'insulting a public official,' and the hearing was adjourned until today for defense statements against the opinion.

THE "YOU CALLED ME A DUCK" ANALOGY

In today's hearing of the case held at the Ankara 59th Criminal Court of First Instance, Eryılmaz's lawyer, Alperen Akbaş, presented a CD of the speeches made by Zekeriya Yapıcıoğlu in two television programs to the court.

After watching the CD, the Judge recorded in the minutes Yapıcıoğlu's statement that "We are against the fourth article of the Constitution" and his response to a question regarding whether Hezbollah is a terrorist organization, where he said, "In my opinion, Hezbollah is not a terrorist organization," and then asked the parties for their statements regarding these remarks on the CD.

Fatih Eryılmaz summarized his points as follows:

"The mentality of a person who defends that Hezbollah is not a terrorist organization is clear. Hezbollah has been deemed a terrorist organization by the decisions of Turkish courts. When it suits him, he does not recognize court decisions; when it suits him, he files lawsuits against anyone he encounters, saying 'He insulted me.' You do not recognize Turkish courts anyway. His statements against the Constitution are also clear. By saying 'pig-tied killers,' I was not pointing to his person, but to the ideology and political tradition he represents. He is the chairman of a political party. As the deputy chairman of a party, I used my right to criticize. Like the saying, 'There are clouds in the sky, you called me a duck,' he is trying to extract an insult from this. These statements he made are not legislative activity; they are in the nature of abolishing legislative activity. Furthermore, he wants to abolish the constitution he swore to protect. Moreover, by calling people 'fools'."

Zekeriya Yapıcıoğlu's lawyer, Ahmet Taha Yapıcıoğlu, stated, "Our Chairman has already explained this," and spoke as follows:

"Being against the fourth article is not being against the first three articles. This was already written by the coup-maker Kenan Evren. For those who interpret his words as if he were against the first three articles, he said, 'I am explaining it as if I am explaining it to a fool.'"

Following the prosecutor's repetition of their final opinion on the merits, the court moved to the defense statements.

While Yapıcıoğlu's lawyer stated that they agreed with the prosecutor's opinion and remained complainants, Fatih Eryılmaz said that he did not accept the opinion and that it was an attempt to read his intentions.

Eryılmaz's lawyer, Alperen Akbaş, also emphasized that Zekeriya Yapıcıoğlu's claim that he did not mean the first three articles of the Constitution did not reflect the truth, as he had previously declared hundreds of times that he was against secularism and the unitary structure, stating, "These cannot be interpreted as statements of a public official. Public duty begins with taking the oath of a member of parliament. According to this oath, one is obligated to protect the first three articles."

Fatih Eryılmaz noted the following as his final words:

"I put on my uniform when I was 13. I gave my life to public safety so that you could conduct peaceful trials here; I returned from the brink of death. Look at the state of things; a person who says Hezbollah is not a terrorist organization has become a public official. It is tragicomic that I am being tried here at the request of this individual who does not accept public order."

After the completion of the defense statements, the Judge decided to acquit Fatih Eryılmaz on the grounds that the elements of the crime were not constituted.