Breaking News... Presiding judge sets date for interim decision in IMM trial

The hearings in the case opened as part of the investigation into the Istanbul Metropolitan Municipality, in which 402 defendants, 107 of whom are in custody, are being tried, continued today on their second day. The trial is being held in Hall No. 1 inside the Marmara Open Penal Execution Institution in Silivri.

Many individuals, including CHP's imprisoned presidential candidate and IMM Mayor Ekrem İmamoğlu, appeared before the judge again.

TUBA TORUN PRESENTED HER DEFENSE | 16.35

Following Ersöz, Ömer Süha Aldan and Tuba Torun Erdoğdu presented their defenses. Tuba Torun Erdoğdu, who is both the wife and lawyer of Aykut Erdoğdu, stated that the process was difficult for her as well, that she went to the prison almost every day, and said, "We want to believe with all our hearts that justice exists in this country."

Referring to the Yassıada trials, Torun said, "We must remind the court of the principle of separation of powers. History shows us this. We do not want you to say, like Salim Başol, 'The power that brought us here wanted us to break the pen.'"

Drawing attention to precedent decisions regarding constitutional violations during the detention process, Torun said, "A 3-sentence justification has been stated for 105 detainees. Our right to a reasoned decision has been violated." Requesting that those who were unjustly detained be released as families before the holiday, Torun said, "We want to be with our families during the holiday. We also demand acquittal and release for my client." The court panel ended the hearing; the trial will continue tomorrow at 10:00.

HÜSEYİN ERSÖZ PRESENTED DEFENSE ON BEHALF OF ERDOĞDU | 15.20

Lawyer Hüseyin Ersöz took the floor after the conclusion of Erdoğdu's defense. Ersöz is also presenting a defense.

Requesting an interim decision regarding the defense list, lawyer Ersöz stated that one of the criminal charges against his client had disappeared. Ersöz stated that the crime of bribery in the indictment was changed to the crime of mediation in bribery in the indictment. Ersöz also stated that the statement of Ertan Yıldız, who claimed that Erdoğdu received 1 million 200 thousand dollars in a bag, should not be relied upon.

Requesting an interim decision regarding the defense list, lawyer Ersöz stated that one of the criminal charges against his client had disappeared. Ersöz stated that the crime of bribery in the indictment was changed to the crime of mediation in bribery in the indictment. Ersöz also stated that the statement of Ertan Yıldız, who claimed that Erdoğdu received 1 million 200 thousand dollars in a bag, should not be relied upon.

Stating that the statement of a confessor was relied upon in the arrest of Aykut Erdoğdu, lawyer Ersöz said, "The ECHR says 'it is not sufficient,' the panel should take this into account." Reminding that the statement of Aziz İhsan Aktaş, who is being tried as the leader of a criminal organization, refuted the statements of the confessor Yıldız, Ersöz said, "Another confessor, Aziz İhsan Aktaş, has revealed that Ertan Yıldız's statements cannot be relied upon."

Lawyer Hüseyin Ersöz:

"Ertan Yıldız gives the name of Mustafa Canlı in the bribery allegation. We cannot ask this person because he died of COVID. He is voicing allegations that cannot be verified"

CAME AS SOON AS THE CHP GROUP MEETING ENDED | 14.50

CHP Chairman Özgür Özel held the CHP Group Meeting in Silivri this week. As soon as the meeting ended, Özel went to the courthouse to observe the hearing.

CHP Chairman Özgür Özel came to the courtroom after his party's group meeting.

14:16 | PRESIDING JUDGE SETS DATE FOR DECISION

Presiding Judge:

"I planned four days for this week. We will do Monday-Thursday. We did not set a time limit. We thought 'let's finish early' regarding Ramadan. The time to finish the first session is the end of April. We only plan to finish the defenses of the detained defendants. In the meantime, we will hold hearings until the holiday, on Monday, Tuesday, and Wednesday"

We will make an interim evaluation at the beginning of April regarding the releases for the detained defendants, and we will make the main evaluation at the end of April and announce the interim decision"

Following the Presiding Judge's speech, Aykut Erdoğdu took the podium to testify.

14:05 | ARTIFICIAL INTELLIGENCE DEBATE AT THE HEARING

Lawyer Ali Rıza Dizdar, who conveyed his requests, claimed that the indictment was written with artificial intelligence. Dizdar said, "The indictment and decisions were made with artificial intelligence"

Upon this, the Presiding Judge stated the following: I don't even know how to use artificial intelligence

13:50 | THE HEARING HAS BEGUN! TENSION ROSE AGAIN IN THE HALL

The presiding judge said that the hearing would begin with the defenses. Ekrem İmamoğlu's lawyer Tora Pekin objected, requested that the lawyers' requests be taken, and stated that an unlawful procedure was being carried out. The presiding judge said, "I have been conducting criminal trials for 12 years, this is the first time I have heard such things"

The tension in the hall rose again. Lawyers are insisting on making requests regarding the procedure. The presiding judge replied, "Yesterday I persistently asked for requests regarding the procedure. You persistently made a request for the recusal of the judge. That's enough, this is bad faith."

Upon a lawyer's request for the reading of the interim order, the presiding judge said, "What are you after, Lawyer? Everyone has already read it. Lawyer, I will not give you the right to speak, please sit down. What does it mean to hold a hearing without a defense, you are prolonging it. I will start with the defendant's defense," he said.

12:21 | THE HEARING WAS ADJOURNED

Following İmamoğlu's speech, the hearing was adjourned until 13:30.

12:00 | İMAMOĞLU REQUESTED TO SPEAK, THE COURT ACCEPTED

The hearing will continue with the defenses. Aykut Erdoğdu will make the first defense.

İmamoğlu took the floor before the defense and made a speech:

“There is a prosecution authority. In my opinion, it is suspicious. In my opinion, it is guilty. The mayor of 16 million is here right now before you. While I have received the appreciation of the society, saying 'I am not listening to you' creates a legitimacy problem

Saying 'I don't want to listen to Ekrem İmamoğlu' creates a problem for you. My 15-minute presentation here will relieve you. If you allow me, I want to tell you how we got here. This is what my lawyers mean when they say 'let him speak.' Otherwise, I will not hold a rally like those who hold rallies inside a mosque. I will convey my request.

The essence of the matter is political. It is clear how the politician, who appears to be the Chief Prosecutor, saluted Ankara by saying 'the arms of the octopus.' He said it wouldn't happen by canceling the election, it would happen by arresting. This is a political decision. It was said, 'If you are successful, you will be a minister'

One of the most important political cases in the history of the Republic. Of course, you will decide on a procedure and implement the decision. You mentioned a list. A part of it was published yesterday, then it was removed from the screen in that chaos, and then the lawyers obtained it somehow. This is your decision, but I think you should listen before making your decision.

You didn't do this, it is your discretion, but I think that saying 'I am not listening to you' or 'I am not giving you the right to speak' here is not in accordance with the noble Turkish judiciary, I am not a lawyer, I am not a legal expert, but with the criminal procedure laws you have in your hands. If the Turkish judiciary is the foundation of the property, if it is the foundation of the state, with your perspective there, no one here is guilty. On behalf of every friend here, you are performing a duty that is independent, standing in the middle, acting fairly, and ultimately responsible for making a decision. A sacred duty.

The mayor of 16 million Istanbulites is here right now before you, in your presence. Saying to me 'I am not listening to your suggestion' creates a trust problem for this court from the beginning. After all, who can interfere with the decision you will make there? You will make a decision, you will say that I decided this way, I will do it with such a list. Of course, everyone will comply with this or the order here will work somehow, but saying 'I am not listening to Ekrem İmamoğlu, I don't want to hear this suggestion' creates a problem for you. My 10-15 minute request here to listen will relieve you, will relieve your panel. Otherwise, I have no intention of holding a rally here.

At the end of the indictment summary that has been talked about, told, and read from the beginning, I can only say a big 'uh.' There is an attitude that has been talking from the beginning. To capture Beylikdüzü, Istanbul, Turkey, and the CHP. The essence of the matter is political.

The name of this indictment is a 'slander-ment.' Whatever they have done in their 15 years of municipal management, they have attributed to İmamoğlu. I have attended 8-9 hearings. I have always come and spoken. You did not give me the right to speak yesterday. I am a mayor. I am a presidential candidate in the next elections”

11:50 | READING OF THE SUMMARY FINISHED

The summary of the 3,900-page indictment was read in 32 minutes and 5 seconds.

11:30 | İMAMOĞLU IS TALKING TO PEHLİVAN

While listening to the indictment summary, İmamoğlu, who was reading the notes in his hand, talked from time to time with his detained lawyer Mehmet Pehlivan, who was sitting next to him.

While listening to the indictment summary, İmamoğlu smiled at the prosecutor of the hearing when the part about "placing his own man" in the subsidiaries affiliated with the IMM was read.

11:20 | SUMMARY OF THE INDICTMENT IS BEING READ

The roll call is complete.

The summary of the indictment is being read by the hearing prosecutor in front of the defendants.

11:10 | DEFENDANT ROLL CALL HAS BEGUN

After the chairs in front of İmamoğlu were removed, the defendant roll call began at the hearing.

11:00 | İMAMOĞLU: DO NOT BE AFRAID OF ME

Ekrem İmamoğlu's objections to placing extra chairs and gendarmerie in front of him continue:

Judge: “The law is very clear. I have determined such an arrangement. Everything in this courtroom depends on me.”

İmamoğlu: “What you are doing is a disgrace on behalf of the Turkish judiciary. It is stuck to your forehead. You are creating tension for nothing. You are creating tension for nothing by piling up gendarmerie here. Who did you take orders from?”

Judge: “We did not take orders from anyone.”

İmamoğlu: “You will represent the noble Turkish judiciary, and you are also obliged to protect our rights. Do not be afraid of me. I came to protect you.”

Judge: “We are not afraid of anyone. We don't need your protection. We have the intention to judge, we haven't been able to judge since yesterday because of you.”

Lawyers also object to the judge by saying, “You are abusing your duty.”

10:50 | ARGUMENT BETWEEN İMAMOĞLU AND THE JUDGE

The Court Panel came to the court. "Mayor Ekrem" slogans are being chanted. An argument broke out between İmamoğlu and the court panel.

The gendarmerie, who maintains order in the hall, wanted to put an extra chair in front of İmamoğlu, who was sitting on the edge of the corridor. İmamoğlu did not accept this and reacted. İmamoğlu, who stood up, argued with the judge.

The Presiding Judge said, "We are not afraid of anything. The person to whom we give the right to speak will come to this podium."

10:40 | İMAMOĞLU BROUGHT TO THE HALL

Ekrem İmamoğlu was brought to the hall. "President İmamoğlu" slogans were chanted.

İmamoğlu greeted the audience with the book titled "Entrusted to the Nation" in his hand today, just as he did yesterday.

Ekrem İmamoğlu, who sat in separate places with Mehmet Pehlivan on the first day, is sitting side by side with his lawyer Mehmet Pehlivan in the defendant section today.

10:30 | "THE BAR ASSOCIATION DID NOT REMAIN SILENT, IT WILL NOT REMAIN SILENT" SLOGAN WAS CHANTED

The defendants who are detained within the scope of the IMM case also began to be brought to the hall in pieces. When Resul Emrah Şahan and Mehmet Murat Çalık arrived at the courtroom, they were met with intense applause.

Upon the arrival of Ekrem İmamoğlu's lawyer Mehmet Pehlivan, who is detained within the scope of the investigation, to the hall, the lawyers chanted, "The Bar Association did not remain silent, it will not remain silent."

10:20 | HASAN AND SELİM İMAMOĞLU CAME TO THE HEARING

The non-detained defendants and lawyers entered the courtroom. The hearing, which was planned to start at 10:00, has not yet started. The detained defendants were also not brought to the hall.

İmamoğlu's father Hasan İmamoğlu and his son Selim İmamoğlu, who are non-detained defendants within the scope of the investigation, came to the hearing.

10:10 | LAWYERS BEGAN TO BE ADMITTED TO THE HALL

TBB President Erinç Sağkan announced that there would be no identity check, and that the defense lawyers would be admitted to the hall first, followed by other lawyers. Lawyers began to be admitted to the hall.

CHP Şanlıurfa Deputy Mahmut Tanal reacted to the practice intended to be applied to the lawyers.

Tanal said, "They violated the provisions of the Constitution. If someone is to be tried here, the mentality that closes these doors to lawyers should be tried. This is a crime of violating the constitution. We will experience the same event that happened in Ergenekon. No one is above the law. A trial without a lawyer is not a trial. It is an authoritarian regime practice, this practice also existed in Hitler's practice. Whatever the Yassıada practices were, today's practice is the same mentality."

09:40 | LAWYER LIMITATION ALLEGATION

It was alleged that the court panel was trying to implement a lawyer limitation. It was claimed that lawyers would be admitted by looking at a list.

If the crisis is not resolved, the lawyers are considering not entering the hearing as a protest. Turkey Bar Associations President Erinç Sağkan went to meet with the court panel for the resolution of the crisis.

09:30 | IDENTITY CHECK FROM THE BAILIFF TO THE LAWYERS

An identity check was wanted to be carried out in front of the hall for the lawyers who would enter the hearing.

The bailiff tried to explain the practice by saying 'the instruction of the presiding judge,' but the lawyers reacted to this situation.

The party lawyers said, 'what you are doing is against the law of advocacy.' At that time, CHP legal deputies Sibel Suiçmez and Mahmut Tanal also objected to the practice.

08:30 | IDENTITY VERIFICATION WILL BE DONE

According to T24, the court, which took the requests of the lawyers regarding the procedure on the first day of the hearing and rejected the requests for recusal of the judge and separation, will continue the hearing today with identity verifications.

08:00 | CHP WILL HOLD ITS GROUP MEETING IN SİLİVRİ

In the announcement made from the official X account of the Republican People's Party (CHP), it was reported that the weekly Group Meeting of the CHP in the Grand National Assembly of Turkey (TBMM) would be held in Silivri this week with the start of the IMM Case. In the announcement made by the CHP to the members of the press, "CHP Silivri Solidarity Center" was shown as the address for the group meeting. Özel will meet with party members at 13.30.

143 ACTIONS AND 17 SEPARATE ACCUSATIONS

In the indictment, a total of 143 different actions and 17 separate criminal accusations are directed at the defendants. At the center of the file are some tenders in the municipality, relationships established with public officials, and various allegations of irregularity.

In the indictment prepared by the prosecutor's office, while the characterization of "founder and leader of the organization" is made for İmamoğlu, it is requested that he be punished for 142 separate crimes. In this context, a prison sentence of 828 years to 2,352 years was requested for İmamoğlu due to 142 different actions.

LIMITATION ON THE NUMBER OF PRESS AND DEFENSE COUNSEL

It was reported that a limitation was also imposed on the number of press members to be admitted to the courtroom and the defense counsel of the defendants in today's hearing.

According to the court calendar, the hearings are planned to be held four days a week until the end of April. During this process, it is expected that the defenses of the detained defendants will be taken.

DETENTIONS MAY BE RE-EVALUATED

It is stated that the court may also make an evaluation regarding the detention status of the defendants during the sessions to be held until the end of April. The hearing is expected to continue today at 10:00 with identity verification procedures.

***

WHAT HAPPENED YESTERDAY?

The tension was high in the first session of the IMM case held yesterday.

Upon an argument between the presiding judge and İmamoğlu, an order was given to evacuate the hall, and the audience began to be removed from the hall. The court panel left the hall by saying, "I am not conducting a trial until you leave." İmamoğlu said, "You didn't come here to judge, you can't leave by running away from here." The hearing was adjourned until 13.30. After a half-hour delay, the hearing started again at 14.00. İmamoğlu's lawyers Hasan Fehmi Demir and Fikret İlkiz made a request for the recusal of the judge. The presiding judge rejected the request for the recusal of the judge.

News Source: 12punto