“THAT HE TRIED TO JUSTIFY HIS CLIENT…” Nadide Özdemir and Ömer Kavili were the lawyers in the Grup Yorum75 trial held in the Istanbul 28th Assize Court in Silivri on October 5, 2018. A dispute broke out between Kavili and the presiding judge regarding the procedure of the hearing. After the discussion, the presiding judge ruled to have Kavili dismissed from the courtroom.76 When Kavili reacted to this decision, he was forcibly removed from the courtroom. Lawyer Sezin Uçar. (Capshot from ‘’Shrinking Civic Space 2: Right to Defence’’ video, by Fatih Pınar) were considered as evidence for “membership to a terrorist organisation” and “making propaganda for a terrorist organisation.”72 When Gümüştaş and Uçar had learned about the investigation they applied to the prosecutor conducting the investigation to give a statement. Although they applied themselves to give a statement, they were arrested on suspicion that there was a risk of fleeing and hampering evidence.73 One year later, they were released on the grounds that there was no such suspicion. This is still an ongoing trial.74 Özdemir wanted to record the forceful removal of Kavili with her phone. Thereupon, the presiding judge ordered that Özdemir’s phone be seized. When the trial resumed, the presiding judge filed a criminal complaint against Özdemir and Kavili. The next day, Kavili and Özdemir,77 who were on their way to the court in Silivri again, were taken into custody by the gendarmerie. The Criminal Judgeship of Peace issued a decision for the arrest of Kavili. This decision included the following statement: “In consideration that the aim of suspect Ömer Kavili was not to exercise the holy right of defence but, on the contrary, to justify his client and himself by presenting himself and his client as victims in an act of reverse psychology, that the suspect used his actions to try to dilute the case in which he acted as defender, and that, in light of all these actions, the suspect’s aim was to discredit the judiciary and the courts in the eyes of the public, in fact, to shake public trust in these institutions, that the actions of the suspect were newsworthy and caused indignation in the society, that the evidence had not yet been gathered, and that there was a possibility that the suspect could escape or hamper the evidence, it was decided that the suspect be arrested for the imputed crime.” 75 Grup Yorum is a band from Turkey known for its political songwriting. 72 L4L and FTW in Istanbul for hearing Ezilenlerin Hukuk Bürosu (22.07.2018; Lawyers for Lawyers): https:// 76 Justice Monitoring Report: Freedom of Expression Trials in Turkey June – December 2018 (Media and Law Studies lawyersforlawyers.org/l4l-and-ftw-in-istanbul-for-hearing-ezilenlerin-hukuk-burosu/ Association; Für die Freiheit; International Press Institute) p. 12: https://freeturkeyjournalists.ipi.media/wp-content/ 73 ‘Bureaus Raided, Although Attorneys Voluntarily Suggested to Give Deposition’ (19.10.2017; Bianet): https://bianet.org/ uploads/2019/01/MLSA_IPI_Trials_Turkey_Jan2019.pdf english/politics/190765-bureaus-raided-although-attorneys-voluntarily-suggested-to-give-deposition 77 Avukat Ömer Kavili tutuklandı (05.10.2018; Gazete Duvar): https://www.gazeteduvar.com.tr/gundem/2018/10/05/grup74 Istanbul 27. Assize Court, File No. 2018/19 E. 38 yorum-davasini-izleyen-iki-avukat-gozaltina-alindi A DEFENSELESS DEFENSE “ T H AT H E T R I E D T O J U S T I F Y H I S C L I E N T…” 39