The Kobani (Kobanê) trial, which has unfolded over a period of eight years, is anticipated to reach a conclusion with a final verdict on 16 May.
The legal proceedings in the trial have been notable for their allegations against members of the pro-Kurdish Peoples’ Democratic Party (HDP) concerning their response to ISIS attacks on Kobani, a Kurdish town on the Turkish border in northern Syria on 6-8 October 2014. These events led to significant protests in Turkey, particularly among Kurdish communities.
The case itself began with the merging of numerous criminal complaints into two main investigations in 2014, which then developed into a political crackdown starting with the arrest of then HDP Co-chairs Selahattin Demirtaş and Figen Yüksekdağ on 4 November 2016. Throughout the trial, they and other defendant politicians have framed the proceedings as an indictment not of their actions but of democratic politics itself, highlighting perceived injustices within the judiciary. The trial has seen 1,111 days of proceedings, implicating 108 individuals, including 18 who are currently remanded in custody, with the remainder remanded on bail.
Before the specified dates in 2014, Kurdish politicians and civilians had already started demonstrating against the assaults by ISIS, which initially targeted the Kurdish-led Kobani Canton in Rojava in July 2014 and later also the Yazidi population in Sinjar (Şengal) in northern Iraq in September 2014.
The protests gained significant momentum following a call for solidarity on 5 October 2014 from Salih Müslim, Co-chair of the Democratic Union Party (PYD), the main party of the Kurdish-led Autonomous Administration of North and East Syria (AANES), and were further intensified following statements made by the brother of Abdullah Öcalan, the imprisoned leader of the Kurdistan Workers’ Party (PKK), during a visit to İmralı Island, where the PKK leader is imprisoned. The HDP formally called for mass demonstrations to support Kobani and to protest against the Turkish government’s lack of support for the town in the face of the ISIS attacks.
Government stance and judicial proceedings
The Turkish government, under Turkish President Recep Tayyip Erdoğan and then Prime Minister Ahmet Davutoğlu, initially tried to downplay the significance of the protests, claiming that they were instigating public unrest. This narrative was part of the government’s broader attempt to suppress the Kurdish political movement, particularly after the electoral successes of the HDP in June 2015.
The trial has been controversial, with allegations of members of the prosecution and the judiciary having links with criminal organisations. These claims have highlighted concerns about the fairness of the trials and the potential manipulation of judicial processes against political opponents of the government.
On 20 May 2016, a constitutional amendment was passed that lifted the parliamentary immunity of MPs, and at the same time, the summaries of the investigations against the HDP co-chairs and MPs were combined. This allowed for the prosecution of these officials, who would otherwise have been protected from legal proceedings by their immunity. This was a significant development as it led to the arrest and trial of several politicians from the pro-Kurdish parties, particularly the HDP.
Throughout the legal proceedings, the defence has argued that the case is less about justice and more about silencing opposition, pointing to the extended pre-trial detention of key HDP figures and the merging of the criminal investigations to facilitate their arrests.
International and domestic reactions
The handling of the Kobani case has attracted international attention and criticism, particularly concerning human rights and the independence of the judiciary in Turkey. Domestically, it has been a focal point for debates on the balance between national security and political freedom, especially in the context of Kurdish rights and autonomy.
The upcoming verdict on 16 May will not only determine the fate of the accused but could also significantly influence the political landscape in Turkey, particularly regarding Kurdish politics and Turkey’s commitments to international legal standards.
Kobani trial: Systematic suppression of defence rights
Many of the arrested politicians have been held in extended pretrial detention, with the legal process dragging on for years.
The Turkish government facilitated the arrests by lifting the parliamentary immunities of the MPs and merging the criminal investigations to allow for their arrest and prolonged pre-trial detention.
Members of the prosecution and the judiciary involved in the case were later found to have connections to the Gülenist movement, a rival to Erdoğan’s ruling Justice and Development Party (AKP), suggesting potential manipulation of judicial processes in this rivalry, which had already been the cause of a failed coup attempt by Gülenists in 15 July 2016.
The lawyers for the defendants have faced restrictions in accessing case files and evidence, severely limiting their ability to mount an effective defence. Specifically, lawyers were restricted from examining case files and taking copies, clearly limiting the rights of the defendants.
The prosecution’s reliance on secret and anonymous witnesses, whose credibility and motives could not be fully scrutinised by the defence, has further compromised the rights of the accused.
Allegations suggest potential manipulation or fabrication of evidence, with the prosecution accused of “enriching” its case through coerced or manipulated witness testimonies.
Gag orders and confidentiality have prevented the dissemination of trial details, affecting public perception and the transparency of the judicial process.
High-level political figures, including President Erdoğan, have publicly targeted the defendants, exerting undue influence on the judiciary. This was exacerbated by the government’s portrayal of the case as a crackdown on terrorism, rather than a legitimate judicial procedure.
A number of remanded defendants have suffered from health issues while in detention, exacerbated by the state’s neglect of their medical needs.
Recently, Sezgin Tanrıkulu, an MP of the main opposition Republican People’s Party (CHP), described the case as politically motivated, labelling detainees such as Selahattin Demirtaş and Figen Yüksekdağ as “political hostages” in the context of the Kurdish issue.
"Not every judicial case in #Turkey is initiated on the basis of legal issues; some are politically motivated," asserted Sezgin Tanrıkulu of the Repubican People's Party (#CHP) in parliament.
🔗https://t.co/Q5A8fkNagL pic.twitter.com/avDVCv44Mq
— MedyaNews (@medyanews_) May 8, 2024
Timeline of events
The Kobani trial has been unfolding over a period of eight years, marked by key events and judicial actions. Here is a chronological breakdown of significant events related to this case:
July 2014: ISIS initiates attacks on Kobanê Canton in Rojava, northern Syria, marking the beginning of a series of assaults that prompt responses from Kurdish communities.
September 2014: Following the initial attacks, a more devastating assault leads to the Yazidi genocide in the Sinjar region of northern Iraq.
5 October 2014: PYD Co-chair Salih Müslim issues an urgent call for solidarity with Kobani, which galvanises support and prompts demonstrations across Kurdish regions, including in Turkey.
6-8 October 2014: Major protests erupt in Turkey in response to the ongoing siege of Kobani by ISIS. These events are later termed the “Kobani uprising”.
7 June 2015: The general elections in Turkey see significant political gains for the HDP, which are perceived as a threat by the ruling government.
4 November 2016: The Turkish government initiates a crackdown on the HDP, leading to the arrest of multiple party members under charges linked to the Kobani protests.
26 April 2021: The first trial session is held, marking the start of formal legal proceedings against the accused HDP members.
16 May 2024: The trial is set to conclude with a final verdict expected on this date, potentially bringing an end to an eight-year judicial process.
