The Istanbul 11th High Criminal Court has issued a significant ruling requiring prosecutors to identify and investigate Turkish citizens alleged to have participated in the mistreatment of individuals held by Israel following the armed interception of a Gaza-bound aid flotilla. This decision was reached during the opening hearing of a legal case involving 35 defendants, a list that includes Israeli Prime Minister Benjamin Netanyahu. The court further mandated that existing arrest warrants and Interpol Red Notice requests against all 35 defendants must remain in effect. The legal proceedings center on the interception of the flotilla, which was transporting humanitarian aid to Gaza at the time of the incident.
During the session, several complainants provided detailed testimony regarding their experiences in Israeli custody at Ashdod port. One participant, who joined the mission as a doctor to deliver medical supplies to Palestinians in Gaza, stated that Israeli soldiers confiscated five or six boxes of medical supplies from their vessel and that participants were subjected to mistreatment at the port. He confirmed his intent to pursue his complaint against the defendants. Another complainant described being subjected to two strip searches and stated that she faced an altercation with Israeli soldiers after refusing to remove her headscarf. She told the court that soldiers recorded her wearing the clothes they provided instead of her headscarf and mocked her. She further alleged that one of the soldiers who detained her claimed to be from the Turkish central province of Yozgat, adding that her personal belongings were taken and she has been unable to recover any of them. She stated that her privacy was seriously violated and she is filing a formal complaint.
A Turkish lawmaker who testified at the hearing reported that she and approximately 80 other participants were held in a poorly ventilated room after being detained. She stated that an Israeli soldier insulted Islam while they were reading the Quran. She further testified that detainees were not allowed to sleep, were subjected to verbal abuse, and experienced psychological mistreatment. She added that police officers who arrived the following day insulted both Türkiye and the detainees in Hebrew.
Riza Saka, president of the bar association, characterized the proceedings as historic and advocated for the inclusion of broader international evidence. Saka referred to provisional measures ordered by the International Court of Justice (ICJ) in proceedings concerning allegations of genocide in Gaza and requested that copies of relevant ICJ documents and a UN report be included in the case. Lawyer Yasin Samli argued that the case involves allegations of genocide, crimes against humanity, and attacks against civilians. Samli noted that legal teams have submitted eight volumes of evidence, including five concerning alleged crimes against women and children in Gaza.
In its interim ruling, the court noted that the existing indictment primarily described actions taken against the Gaza-bound aid flotilla, while allegations concerning crimes committed against civilians in Gaza were presented only indirectly and in general terms. The panel stated that investigations into genocide and crimes against humanity could be conducted upon a request from Türkiye's justice minister. Taking into account the principle that courts are bound by the factual allegations set out in an indictment, the panel ordered a formal request to prosecutors concerning a possible new indictment. This request calls for alleged crimes against civilians in Gaza, separate from the actions involving the flotilla, to be described in concrete terms and linked to supporting evidence. The court specified that evidence submitted by legal organizations should be considered in that process.
Additionally, the panel ordered inquiries into whether any of the 35 defendants hold movable or immovable assets in Türkiye. It directed that a request be sent through the Justice Ministry for documents from proceedings involving the defendants before the International Criminal Court (ICC). The court also ordered that a UN report submitted concerning allegations of genocide in Gaza be requested through the Justice Ministry. The panel accepted applications to participate in the proceedings from complainants and several legal and human rights organisations. The hearing was adjourned until 30 March 2027.
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