The appeals court in the province of Van has overturned the verdict against the deposed co-mayor of Hakkari, Mehmet Sıddık Akış, and referred the case back to the lower court for retrial. The 2nd Criminal Chamber criticized several serious deficiencies in the proceedings, including incorrect translations, unclear charges, and violations of the right to defense.
Akış was arrested on June 3, 2024, and removed from office shortly thereafter. The Ministry of the Interior appointed a trustee Two days later, a court in Hakkari sentenced the politician to 19 years and six months in prison for membership in a “terrorist” organization—meaning the Kurdistan Workers’ Party (PKK). Eleven co-defendants were also sentenced to several years in prison. The defense filed an appeal.
Court criticizes procedural errors and inadequate reasoning
The appeals court found that key evidence—including recordings of conversations in Kurdish—had been obtained unlawfully and had not been translated properly. According to the court, it was unclear whether these translations had been carried out by sworn experts and whether they met the requirements of criminal procedure law. Such an examination was mandatory, the court said, as the content of the conversations was of crucial importance to the proceedings.
In addition, the judges criticized the fact that the written judgment did not specify the specific actions of which the defendant was accused. Accordingly, political activities such as press statements, participation in Newroz celebrations, or condolence visits cannot be considered blanket evidence of “support for terrorism” and the defendant’s connection to the PKK was not sufficiently proven.
Defense rights restricted
The court considered it particularly serious that Akış had not been given the opportunity to defend himself properly. Accordingly, the indictment and its appendices were not read out in full before the verdict was handed down. In a combined proceeding, the court even refrained from questioning the defendant on the grounds that there was “no legal interest in a hearing.” This violated his right to defense.
Pre-trial detention continues
Despite these shortcomings, the appeals court upheld Akış’s pre-trial detention. The judges cited “strong suspicion,” the severity of the sentence, a “risk of flight,” and the assessment that milder measures such as reporting requirements would not be sufficient. They stated that the detention complied with the provisions of the European Convention on Human Rights.
Lawyer cites political pressure
The politician’s lawyer, Azad Özer, sharply criticized the original proceedings. “The appeals court confirms that our client’s phones were illegally tapped over a long period of time. Nevertheless, the court did not conduct any investigation at the time,” he said. “The decision to convict Akış was made under political pressure. That is now clearer than ever.” An acquittal is expected, and an appeal will be lodged against the continued detention.
The retrial of the case is expected to take place in the coming weeks before the criminal court in Hakkari.