The reasoning behind the second acquittal, issued nine years later for 35 members of the Beşiktaş fan group Çarşı who were tried in connection with the Gezi Park protests and whose previous acquittals were overturned by the Court of Cassation, has been made public.
According to the report by Cumhuriyet, the court determined that all of the defendants were supporters of the Beşiktaş Sports Club and that the bond between them stemmed solely from team support and social media interactions. The decision stated that there was no evidence of a hierarchy, division of labor, organizational structure, financial resources, possession of weapons or ammunition, or a principle of secrecy within the group. It was concluded that Çarşı was not involved in any illegal activities beyond team support and was not one of the groups that organized the Gezi Park protests in June 2013.
The reasoned decision further emphasized that the defendants participated in the protests within the framework of democratic freedom of expression, a constitutional right, but that no concrete evidence could be found to prove they took part in criminal acts that occurred during the protests. It was stated that these negative situations stemmed from provocations by different individuals or groups who joined the protests over time, or from disproportionate interventions by security forces.
Regarding the allegation that they "attempted to overthrow the government of the Republic of Turkey or render it unable to perform its duties," the court concluded that there was no definitive and convincing evidence that the defendants committed this crime. The decision resulted in an acquittal based on the principle of "in dubio pro reo" (the defendant benefits from doubt).
News Source: 12punto
