Ref: 93/2012
The first session of the criminal trial on
Israel’s assault on the humanitarian boat “Mavi Marmara” – resulting in the
death of9 Turkish nationals and the injury of many others – was held at the
Istanbul Çağlayan Courthouse (7th High Criminal Court) from 6 to 9 November
2012.
The Mavi Marmara was part of the “Gaza
Freedom Flotilla,” a humanitarian convoy attacked in international waters on 31
May 2010 by Israeli special military forces while sailing towards the Gaza
Strip.
The indictment, served by the Istanbul
Office of Public Prosecutor, lists 490 individuals, including Mavi Marmara
passengers and relatives of the activists from 36 different countries, as
“complainant-victims.” The accused are: Israeli Chief of General Staff, Rau
Gavriel Ashkenazi; Naval Forces Commander, Eliezer Alfred Maron; Air Forces
Intelligence Director, Avishay Levi; and Chief of Israeli Military
Intelligence, Amos Yadlin.
The accused, represented by lawyers from the
Istanbul Bar Association, are being tried as “fugitive suspects” inabsentiafor
the following charges under the Turkish Penal Code: voluntary manslaughter;
attempted voluntary manslaughter; intentionally causing grievously bodily harm;
plundering, abducting or confiscating maritime or railway transportation
vehicles; intentionally causing damage to property; deprivation of personal
freedom; and inflicting torture and maltreatment.
During the three days of hearings, the court
heard testimony from 74 Turkish and foreign eyewitnesses and complainants; the
latter were able to submit further evidence, including footage shot during the
attack. Upon conclusion of the first session, the court issued its decision to
postpone the trial to 21 February 2013.
In addition, the court has decided the
following:
1- To check the validity of notices sent to
the defendants;
2- To hear in the next session those
complainants who have not been heard due to lack of time;
3- To askfor the medical reports concerning
Mr.UğurSüleymanSöylemez, a passenger of the Mavi Marmara who hasbeen in a coma
for 2.5 years.
The trial wasclosely monitored by numerous
human rights observers, media officials and lawyers from different
countries.Mr. DavideTundo, a member of the Palestinian Centre for Human Rights’
(PCHR)International Unit, attended the trial as an observer.