HSK launches investigation into judge who ordered release of Ayşe Barım

The Council of Judges and Prosecutors (HSK) has launched an investigation into Fatih Kapan, the judge of the Istanbul 8th Criminal Court of First Instance, who ordered the release of Ayşe Barım, a manager for many famous names who was arrested as part of the Gezi Park investigation.

Judge Kapan had ordered the release on the grounds that there was a possibility of a change in the nature of the crime and that detention would not be 'proportionate' in such a case.

Lawyers for manager Emine Ayşe Barım, who was arrested as part of an investigation by the Istanbul Chief Public Prosecutor's Office into allegations in print and visual media regarding her participation in the Gezi Park-focused events in Taksim, applied to the criminal judgeship of peace to object to their client's detention.

Evaluating the request, the judgeship rejected the objection and decided that Barım's detention should continue.

Following this, Barım's lawyer objected to their client's detention again and applied to the Istanbul 8th Criminal Court of First Instance.

Evaluating the objection, court judge Fatih Kapan ordered the release on the grounds that "given the nature and character of the crime charged to the suspect, witness statements in her favor, telephone conversation records against her, and all evidence, there is a possibility of a change in the nature of the crime, and in this case, a detention order would not be proportionate."

ISTANBUL CHIEF PUBLIC PROSECUTOR'S OFFICE HAD OBJECTED

Upon this, the Istanbul Chief Public Prosecutor's Office objected to the decision before Barım's release could take place. Finding the Chief Public Prosecutor's Office's request justified, the Assize Court issued a new arrest warrant for Barım.

HSK LAUNCHED AN INVESTIGATION

The First Chamber of the HSK has launched an examination and investigation into Judge Kapan, who issued the release order.

The Chamber ruled that a proposal should be made to the President of the Council for the situation to be examined by a council inspector regarding the allegations within the scope of the report and attached documents, as well as other matters that may arise during the examination, and for an investigation to be initiated if evidence is obtained.