I am concerned by developments in the criminal proceedings against Ekrem İmamoğlu, the elected mayor of Istanbul, and other defendants in the case concerning the Istanbul Metropolitan Municipality. These proceedings raise grave issues regarding the right to a fair trial, including the principle of equality of arms, and the independence of the judiciary.
The case involves over 400 defendants, 53 of whom - including Mr İmamoğlu - remain in pretrial detention. The indictment spans nearly 4,000 pages, accusing Mr İmamoğlu of 142 separate criminal acts and of being the founder and leader of an alleged criminal organisation, with the prosecution seeking sentences ranging from 828 to 2,352 years. Additionally, Mr İmamoğlu faces multiple other criminal and administrative proceedings, including a case concerning charges of political espionage under Article 328 of the Turkish Penal Code, and proceedings concerning the annulment of his university diploma.
Reports indicate severe restrictions during these proceedings. Access to key documents and evidence, including the investigation file, has been limited, impeding the defence’s ability to effectively challenge pretrial detention and prepare their case. Defendants and observers have at times been barred from the courtroom, and some witness statements have been retracted after allegedly having been obtained under pressure. Furthermore, separate investigations have been opened against Mr İmamoğlu for remarks he made in court, accusing him of insulting and threatening public officials.
On 6 July, hearings in three separate cases (the Istanbul Metropolitan Municipality case, the political espionage case and the criminal case regarding the diploma) were scheduled simultaneously, forcing Mr İmamoğlu and his lawyers to address multiple proceedings in parallel. The first round of hearings concluded on 8 July, despite the extraordinary scale of the case and the fact that several defendants were unable to fully present their defence, with Mr İmamoğlu himself prevented from presenting his defence altogether. Reports further indicate that several times he was barred from being present in the courtroom during substantial parts of the hearings, limiting his ability to follow the evidence against him and testimonies of co-defendants.
I am also concerned about allegations of ill-treatment during detention, including reports of degrading treatment and threats. Such allegations must be promptly, effectively, independently and impartially investigated, in conformity with Türkiye’s obligations under Article 3 of the European Convention on Human Rights.
Turkish authorities should ensure that all proceedings against Mr İmamoğlu and the other defendants fully comply with Articles 3, 5, and 6 of the European Convention on Human Rights, guaranteeing protection against ill-treatment, ensuring that pre-trial detention is only used as an exceptional measure, and respecting fair trial rights, including ensuring that all defendants are given a genuine opportunity to present their defence and be heard in full as the case continues, and upholding the presumption of innocence throughout the criminal process.