On 6 January 2025, the defence of Kenan Ayas filed the grounds for their appeal. Kenan Ayas is appealing the verdict of the Hanseatic Higher Regional Court of 2 September 2024, which sentenced Kenan Ayas to four years and three months in prison.
As the defence had already stated in its closing arguments, there is simply not enough evidence to support the claim that Kenan Ayas was a regional representative of the PKK in Germany. The judgement also repeatedly points out that the evidence is scarce, but that the “assessment of all the evidence taken together” would support the charge. This overall view adopted by the court consists of a series of meaningless text messages attributed to Kenan Ayas and his alleged but completely legal activities derived from them. The court itself writes: “[Kenan Ayas’] involvement was limited to isolated legal activities in Europe, where the PKK/KCK does not carry out attacks”.
The court’s reasoning for the high sentence of four years and three months is also completely inadequate. The court did not take into account the torture and illegal imprisonment that Kenan Ayas suffered in Turkey and the human rights violations committed by the Turkish regime against Kurds. Although the court itself states in its judgement that “a legal pro-Kurdish policy is practically impossible [in Turkey]”, it draws no consequences from this correct and important finding.
The appeal of the defence is directed against this judgement. The grounds of appeal criticise first of all procedural errors. The court violated the principle of a public trial, wrongly rejected requests to present evidence and failed to take sufficient account of the content of freedom of assembly and expression. In a further step, the defence will also explain the substantive errors in the judgement, in particular the lack of evidence.
The Federal Court of Justice must now decide on the appeal. The appeal process can take six months or more. Until the appeal is decided, the verdict of the Hanseatic Higher Regional Court is not final. Kenan Ayas therefore remains in custody (pre-trial detention).
The next step for the defence will be to challenge this disproportionately long and harsh detention. Kenan Ayas’ conditions of detention have not improved. He is particularly affected by the fact that he is largely cut off from information. He has no access to Turkish or Kurdish television or news radio and is not allowed to have more than eight books in his cell.
If Kenan Ayas had accepted the flawed verdict and not appealed, he would have been sent back to Cyprus long ago. He remains in pre-trial detention only because he is fighting the verdict. Berlin, Nicosia 13. January 2025
Antonia von der Behrens, Berlin
Efstathios C. Efstathiou, Nicosia