6th April, 2023

Day 9 – Kenan’s Testimony

A Four-hour testimony was given by Kenan, before Larnaca District Court, to prove that his persecution is political. For this purpose he made reference to the history of Kurdistan and the struggle for freedom independence and social emancipation. Reference was also made to the Turkish-German understanding that was confirmed in July 2022 with the visit of the head of the German prosecution authorities to Turkey, the signing of a memorandum and the intensification of the persecution against dozens of Kurds, including Ayas. He again pointed out that the armed conflict maintained by the Turkish state cannot be dealt with by anti-terrorist laws, as the PKK is part of this conflict and not a terrorist organisation.

Today, the defense filed a motion on behalf of Kenan Ayas to dismiss the panel of three judges because they showed bias against Kenan Ayas.

 

The defense had no choice but to make this extraordinary request because the court showed bias against Kenan Ayas by rejecting the defense’s request. The defense had requested that the newspaper article quoting Turkish President Recep Tayyip Erdoğan’s statement about Kenan Ayas’ trial be considered as evidence and read in court.

 

The well-known German daily Frankfurter Allgemeine Zeitung (FAZ) had summarized Erdoğan’s remarks in an article published on November 19 as follows: “The visit to the German capital had ‘opened a new chapter in our deep relations,’ Erdoğan said. He expressed his delight at a criminal trial at the Hamburg Higher Regional Court against an alleged official of the Kurdish terrorist group PKK. The man was arrested in Cyprus and extradited to Germany on the initiative of the Federal Prosecutor’s Office.” (See the press release of the defense from November 30, 2023).

 

The court rejected the request for the second time, arguing that Erdoğan’s statement had no relation to the case of Kenan Ayas. It was the second time that the defense had asked the court to allow this article to be part of the evidence. The defense had argued that Erdoğan’s statements showed that the extradition and trial of Kenan Ayas was in the interest of Turkey and that Kenan Ayas could be in danger after his release from prison because of the known habit of the Turkish secret service to operate outside of Turkey. In regard to both motions, the Public Prosecutor’s Office did not oppose the request but supported it by stating that there was an obvious connection between the article and the trial.

 

Despite the statement of the prosecution, the judges showed their determination not to deal with the Turkish influence on the trial. The judges have continuously tried to keep anything out of the trial that could indicate the political nature of the extradition request for Kenan Ayas and the charges against him.

 

Now another chamber of the Hamburg Higher Regional Court hast to decide on the motion to dismiss the judges. Until this decision is made, the trial will continue as scheduled.

 

 

Hamburg/Frankfurt/Nicosia, February 6, 2024

 

 

Attorney Antonia von der Behrens, Berlin

Attorney Stephan Kuhn, Frankfurt am Main

Attorney Efstathios C. Efstathiou, Nicosia, Cyprus

 

The FAZ article “Return to Turkey: Erdoğan calls Scholz the ‘other'” from November 19, 2023 can be found here:

https://www.faz.net/aktuell/politik/rueckkehr-in-die-tuerkei-so-sieht-erdogan-seinen-besuch-in-berlin-19324031.html