Presiding judge dismisses expert opinion on absence of crime in ‘terrorism’ trial of teenage girls

The presiding judge in Turkey’s ongoing terrorism trial of 41 defendants — including teenage girls charged for participating in prayer, tutoring and Quran study sessions — openly discredited the legal opinion of one of the country’s most respected criminal law scholars during Friday’s hearing, Turkish Minute reported.

Professor İzzet Özgenç, a prominent academic and one of the drafters of the current Turkish Penal Code, had submitted a written opinion to the court concluding that the indictment contains no elements of a criminal offense and that the alleged acts — such as reading the Quran, organizing birthday parties and attending study sessions — are lawful and protected under the constitution.

Speaking on condition of anonymity, sources described the reaction of the judge as extraordinary.

Judge B.Ö. stated on the record that he “never agrees” with Professor Özgenç. The judge added that he had once purchased a book written by Özgenç and later “tore it up.” Legal experts say the comment, known under Turkish law as ihsası rey — prejudgment — signals a troubling lapse of impartiality and undermines the integrity of the proceedings.

The hearing itself was short, as all defendants had already been questioned in earlier sessions. The prosecution, which was expected to submit its final opinion, requested an extension instead. The court accepted the request and referred the file back to the prosecutor, suggesting the case is entering its final phase.

However, procedural irregularities continue to occur during the trial. One of the three judges on the panel was absent during a substantial portion of the hearing, raising questions about the legality of the court’s functioning. The defense’s requests to prolong the inquiry phase were rejected, and travel bans on all defendants remain in place.

The case — referred to as the “girls’ trial” — has drawn international criticism for treating routine religious and educational activities as evidence of terrorism and is part of a broader crackdown on individuals accused of ties to the Gülen movement, a faith-based group inspired by the late Turkish cleric Fethullah Gülen.

The government of President Recep Tayyip Erdoğan labeled the movement a terrorist organization in May 2016 and launched a sweeping purge following a coup attempt in July of the same year, for which he blamed the movement in the early hours, arresting thousands based on alleged affiliation.

Human rights groups have repeatedly criticized Turkey’s counterterrorism laws for their vague definitions and their use to target political dissidents, journalists and civil society members.

The defendants were detained in early morning operations in May 2024 on suspicion of links to the Gülen movement.

The girls were detained without access to lawyers or their parents and were reportedly threatened while in police custody. Many of them spent months in pretrial detention, with the last jailed defendants only released at the previous hearing.

Prosecutors argue that defendants’ ordinary activities such as attending Quran study groups, praying, organizing tutoring sessions, going bowling and having meals together indicate membership in a terrorist organization, citing more than 100 such “terrorist acts” in the indictment.

The court accepted the indictment on July 8, 2024.

Observers from international human rights organizations, including the Italian Federation for Human Rights (FIDU), the International Center for Religion & Diplomacy and the Paris Bar Association, have monitored the trial since its start.

FIDU President Antonio Stango attended the September hearing and criticized the proceedings as politically motivated.

Andrea Barron, a US-based human rights advocate, observed hearings in December and February and described the court’s questioning as hostile and ideologically driven at the time.

Barron said the judge interrogated students for studying math and science together and asked why they read the Quran in groups.

She called the charges “an egregious violation of basic freedoms” and said religious and educational activities were being criminalized in a country that claims to respect democracy and religious liberty.

Barron witnessed a mother and daughter on trial together and described it as one of the most painful moments in court.

The next hearing is set for June 27. The prosecutor is expected to present the long-awaited final opinion, though a verdict is unlikely to follow immediately.