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Council of Europe rights chief raises ‘grave’ fair trial concerns in İmamoğlu trial

Ekrem Imamoglu

In this file photo, İstanbul Mayor Ekrem İmamoğlu greets his supporters as they gather in front of İstanbul Metropolitan Municipality during a protest in İstanbul on December 14, 2022 after a Turkish court sentenced him to nearly three years jail in a politically charged trial. (Photo by Yasin AKGUL / AFP)

Council of Europe Commissioner for Human Rights Michael O’Flaherty has raised serious concerns about the prosecution of jailed İstanbul Mayor Ekrem İmamoğlu and hundreds of co-defendants, citing restrictions on the defense, questions about judicial independence and allegations of ill-treatment in custody.

In a statement Friday, O’Flaherty said the İstanbul Metropolitan Municipality case raised “grave issues regarding the right to a fair trial,” including equality of arms between the prosecution and defense.

İmamoğlu has been jailed since March 2025, when a court ordered his pretrial detention shortly before the main opposition Republican People’s Party (CHP) selected him as its candidate for the 2028 presidential election.

The case involves more than 400 defendants, 53 of whom, including İmamoğlu, remain in pretrial detention. The nearly 4,000-page indictment accuses him of 142 criminal acts and of founding and leading a criminal organization. Prosecutors are seeking a sentence of between 828 and 2,352 years.

İmamoğlu, President Recep Tayyip Erdoğan’s main political rival, denies the allegations and says the case is intended to remove him from politics.

O’Flaherty said in his statement that the defense had faced severe restrictions, including limited access to the investigation file, key documents and evidence needed to challenge the defendants’ detention and prepare for trial.

He also cited reports that defendants and observers had been excluded from the courtroom and that some witnesses later withdrew statements they said had been obtained under pressure.

The commissioner expressed concern over separate investigations opened into remarks İmamoğlu made during the proceedings, accusing him of insulting and threatening public officials.

Prosecutors launched a new investigation Wednesday after İmamoğlu told the court, “I will not present a defense. I will judge,” during a dispute with the presiding judge over the time allotted for his defense.

İmamoğlu was removed from the courtroom after objecting to a schedule that he said would force him to respond within hours to an indictment seeking a sentence of more than 2,000 years.

His lawyers said the decision unlawfully restricted his right to present a defense.

O’Flaherty also criticized the decision to schedule three proceedings against İmamoğlu on July 6: the main municipality case, a political espionage case and a criminal case related to the annulment of his university diploma.

The overlapping hearings forced İmamoğlu and his lawyers to address several cases at the same time, he said.

The first round of hearings ended July 8 despite the scale of the case and before several defendants had fully presented their defense, O’Flaherty said.

İmamoğlu was prevented from presenting his defense in the main case and excluded from substantial parts of the proceedings, limiting his ability to follow the evidence and statements from co-defendants.

The commissioner also called for an independent investigation into allegations that İmamoğlu and other detainees had been subjected to degrading treatment and threats.

“Such allegations must be promptly, effectively, independently and impartially investigated,” he said, citing Turkey’s obligations under Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment.

O’Flaherty urged Turkish authorities to ensure that the proceedings comply with Articles 3, 5 and 6 of the convention, covering protection from ill-treatment, the right to liberty and the right to a fair trial.

He said pretrial detention should be used only as an exceptional measure and called on the authorities to give all defendants a genuine opportunity to be heard and to present their defenses in full.

Meanwhile, the European Court of Human Rights notified the Turkish government in March of an application filed by İmamoğlu challenging his pretrial detention in the municipality investigation.

The court asked Ankara to respond to complaints concerning his detention on suspicion of leading a criminal organization, bribery, interference with public tenders and unlawfully obtaining personal data.

İmamoğlu won another term as mayor in March 2024 in Turkey’s largest city, a victory that cemented his status as Erdoğan’s most serious electoral challenger.

İmamoğlu’s detention, removal from office and prosecution have prompted condemnation from opposition parties, rights groups and European institutions, which say the cases threaten political pluralism and local democracy.

The Council of Europe’s Congress of Local and Regional Authorities has repeatedly called for his release and warned that the prolonged detention of elected mayors undermines democratic participation.

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