The ability to criminalize actions that are not crimes, simply at the will of those in power, is an extremely dangerous situation for any society. Such a mentality disregards individual rights and poses a threat to the rule of law. Recent events clearly illustrate the scale of this danger. Unfortunately, the reality that such oppression can target not just a specific group but anyone in society often becomes clear to people only after they themselves experience victimization.
The recent operations targeting politicians from the CHP (Republican People’s Party) demonstrate this very clearly. These legal violations have reached a level that affects not just a particular group, but the lives of all those considered to be opposition. One of the painful examples of this injustice is the case of manager Ayşe Barım. She was arrested on accusations of being one of the organizers of the Gezi Park protests, and an indictment has been prepared demanding a prison sentence ranging from 22 years and 6 months to 30 years.
The Gezi Park Case and Ayşe Barım’s Indictment
Ayşe Barım is accused of “assisting in an attempt to overthrow the Government of the Republic of Turkey or to partially or completely obstruct it from performing its duties through force and violence,” based on claims that she was an organizer of the Gezi Park protests.
When you examine the 171-page indictment, you see how easily people can be linked to crimes that carry aggravated life sentences, the baselessness of the accusations, and how freedom of expression is turned into a criminal offense.
Ayşe Barım faces up to 30 years in prison for her alleged involvement in the Gezi Park protests.
According to the prosecutor, the actions forming the basis of the accusations include:
- Sharing the hashtag #DirenGeziParkı (“Resist Gezi Park”) in a systematic way with artists affiliated with her consultancy firm,
- Influencing the artist community and contributing to the spread of the protests,
- Using a megaphone to read declarations on behalf of artists during the demonstrations,
- Acting as a coordinator to escalate violent acts by inciting demonstrators,
- Managing the company’s social media accounts and being responsible for press statements,
- Possession of a protest-related poster found on her computer during a house search,
- Having phone contact with individuals under investigation.
Using these actions as justification, the prosecutor seeks to sentence Ayşe Barım for the crime of attempting to overthrow the government by force.
This accusation, which is a striking example of how a peaceful protest can be misrepresented, threatens not only Ayşe Barım but society as a whole.
Can Non-Criminal Acts Be Portrayed as Crimes?
The government has already tested its ability to portray non-criminal acts as crimes in the cases brought against members of the Hizmet Movement. Just like in the “Girls Case” (Kız Çocukları Davası), simple activities were linked to membership in a terrorist organization. Innocent actions such as bowling, going on a picnic, meeting at the beach, or having iftar together were presented as evidence of terrorism.
The government has seen that it can accuse people of terrorism and attempting to overthrow the government based on non-criminal acts, and that there are no consequences for doing so. Sadly, this lack of accountability has paved the way for widespread lawlessness.
One of the fundamental principles of justice is that everyone, guilty or not, must be able to exercise their legal rights equally. Justice is not just about punishing the guilty—it is about unconditionally defending the rights of every individual.
However, in the “Girls Case,” the rights of those being prosecuted are being blatantly ignored. Examples include the request for surveillance and technical monitoring of a 13-year-old girl by the police, the prosecution of a 16-year-old girl on terrorism charges, the forcible detention of 15 girls by police early in the morning, and parents being criminally charged for giving their daughters a religious education. These are painful indicators of how justice is being violated.
The injustice faced by Ayşe Barım, like the injustices in the Girls Case, is a threat to all segments of society. The criminalization of actions that are not crimes jeopardizes not only individual freedom but also social peace and the proper functioning of justice. Therefore, we must all stand together against these injustices to ensure true justice.
Supporting Ayşe Barım means supporting the girls in the Girls Case; standing up for the girls means standing up for Ayşe Barım. Let us not forget that justice finds its true meaning by defending the rights of every victim, not just one individual—and it is only then that it ensures lasting social peace.
