08/09/2025 | Writer: Kaos GL
The first hearing of the trial of Council of Europe Youth Delegate and LGBTI+ rights defender Enes Hocaoğulları was held today. The court ruled for Hocaoğulları’s release under judicial control.
Hocaoğulları, who was arrested for a speech he gave at the Council of Europe, appeared before Ankara 86th Criminal Court of First Instance. The hearing, scheduled for 11:55 a.m., was postponed to 1:30 p.m. Human rights defenders, activists, and representatives of political parties who followed the case waited in front of the courtroom. Due to the large number of observers, the hearing was held in the courtroom of Ankara 25th High Criminal Court.
According to ÜniKuir, seats in the hall were allocated for riot police; lawyers objected, arguing that police officers should not sit among the audience.
“I am being prosecuted because I was targeted on social media”
The hearing began with Hocaoğulları’s defense. Emphasizing that his speech should be considered within the scope of freedom of expression, he said:
“The speech in question was delivered during the March session of the Congress of Local and Regional Authorities, in the urgent debate on dismissals and arrests in Turkish local governments. This was the sole agenda of the debate. The national delegation, which attended with me, consisted of twenty representatives from various municipalities in Turkey, including the mayors of Eskişehir, Ordu, and Uşak. All of them spoke in this debate. Contrary to public and social media discussions, these delegates also expressed their views on the protests that began on March 19. The fact that they are not being investigated, while I am prosecuted solely because I was targeted on social media, is proof of this.”
Highlighting that his arrest on grounds of “flight risk” was unlawful, Hocaoğulları said:
“The clearest evidence against a flight risk is that I voluntarily returned to the country. The indictment simply states that I do not work abroad, even though I explained in detail in my statement that I travel abroad frequently for professional reasons. As the case file shows, I leave the country almost every month. Being held in detention prevents me from carrying out my profession and has caused me serious financial difficulties. Despite repeatedly stating this, it has not been taken into account.”
“One of the main problems with the indictment concerns the translation of my speech”
Hocaoğulları drew attention to translation errors in the indictment:
“The Turkish version of my speech included in the indictment is incomplete, erroneous, and biased. Although I said ‘my peers,’ it was translated as ‘my friends,’ as if I personally knew the victims of rights violations. The part where I explained that I delivered this speech in front of local officials elected by the people of Turkey was left out. The word ‘struggle,’ which I used to describe peaceful protests, was translated as ‘war.’ The parts where I explicitly referred to the peacefulness of the protests were omitted entirely.”
“Similarly, the indictment quotes me as saying ‘we are ready to take to the streets.’ But since the part where I described them as peaceful protests was left out, my words were distorted.”
“It makes no sense to see flight risk in a citizen who has returned to the country aware of the investigations. I exercised my right to freedom of expression. I am innocent. I request my release in this hearing and my acquittal at the end of the trial.”
“Even if everything my client said were untrue, there are Constitutional Court rulings on this”
Following Hocaoğulları, Lawyer İlayda Doğa Karaman requested that a witness be heard regarding the strip-search Hocaoğulları was subjected to. The court rejected the request, stating only Hocaoğulları would be heard. Then Lawyer Mahmut Şeren began his defense:
“Freedom of expression is protected by numerous national and international documents. It exists not to protect opinions that the majority already accept and tolerate, but those that may disturb the majority. When freedom of expression is violated, a chilling effect occurs and democratic society is undermined.”
“I hope we end this story today. Even if everything my client said were untrue, there are Constitutional Court precedents on this. Let’s assume we never saw police violence, batons, pepper spray, water cannons, forensic reports, or signs of torture on live broadcasts... In that case, the state still has endless tools and statistical data to respond to these ‘products of imagination.’ If they were not real, the state could have made counter-statements using its own means; or it could have requested content blocking orders.”
Şeren also requested that a witness be heard regarding the strip-search.
Defense lawyers emphasized that Enes had done everything to comply with the law, including voluntarily returning to the country.
Prosecutor requested release pending trial, court ruled for release under judicial control
In his opinion, the prosecutor requested that Enes Hocaoğulları be tried without detention. Hocaoğulları’s lawyers demanded that the trial continue without any judicial control measures so that he could continue practicing his profession. The court, however, ruled for Hocaoğulları’s release under judicial control.
Tags: human rights, lgbti
