LGBTI+ activist İris Mozalar has been acquitted of charges of “publicly inciting hatred and hostility” following the second hearing of her trial at the İstanbul 11th Penal Court of First Instance. Mozalar was arrested in Jul 2024, due to social media posts she shared about the 2023 earthquakes and was later released.
Before the hearing began, the Kağıthane District Governor’s Office imposed a one-day ban on all public gatherings and statements within the district.
‘They intended to intimidate the LGBTI+ movement through my arrest’
6 October 2024
Rights advocates not allowed in courtroom
At the hearing, Mozalar’s lawyer Gizem Karaköçek argued that her client had not committed any crime and that “there was no clear or imminent danger caused by her statements,” citing Court of Cassation verdicts. She also questioned the legality of the investigation, which had been initiated through online surveillance mechanisms known as “Virtual Patrols.”
Another defense lawyer, Gülyeter Aktepe, requested that rights defendes be allowed into the courtroom. While the judge agreed to open the courtroom doors, the observers were not permitted inside.
Aktepe also emphasized that the case lacked legal merit, asserting that Mozalar had not incited hatred but instead defended refugee rights. She said, “This is a baseless accusation. The real crime is the violence committed against migrants, not my client’s statements.” She also argued that Mozalar’s detention and arrest constituted a serious violation of her rights and requested her full acquittal.
‘Justice must prevail, no matter what’
Addressing the court, Mozalar reaffirmed her innocence, saying she was being prosecuted simply for exercising her right to free expression.
“I am not the one inciting hatred and hostility. On the contrary, I stand against this hatred and provocation. If I am convicted, it would be a violation of free expression and fundamental legal principles,” she said.
She concluded her statement by referencing a Latin legal maxim: “Even if the sky falls, justice must be served.”
The judge ruled that Mozalar’s social media posts fell under freedom of expression and ordered her acquittal.
After leaving the courthouse, LGBTI+ activists accompanying Mozalar were followed by police to a nearby café. Officers reportedly warned them that any public statement could lead to legal action.
Background
Mozalar was detained at her home on Jul 10, 2024, and arrested the next day for “inciting hatred and hostility among the public” under Article 216/1 of the Turkish Penal Code. She was released after one day in custody.
The charges stemmed from her social media posts on June 30, 2024, condemning attacks on Syrian-owned businesses and vehicles in Kayseri’s Melikgazi district. The violence erupted after unverified claims circulated online that a Syrian man had sexually assaulted a child.
The first hearing of her trial was initially scheduled for Oct 2, 2024, but was postponed to Feb 12 due to the presiding judge’s absence. (TY/VK)
Source: BIANET
