Istanbul Court Widens Gaza Flotilla Probe, Targets Turkish Nationals

An Istanbul court has ordered prosecutors to identify and investigate Turkish nationals allegedly involved in mistreating Global Sumud Flotilla participants held in Israel, at the first hearing of a case against 35 defendants including Israeli Prime Minister Benjamin Netanyahu. The Istanbul 11th High Criminal Court delivered the interim ruling at a hearing now adjourned until March 30, 2027.

The panel also kept arrest warrants and Interpol Red Notice requests against all 35 defendants in effect. That decision required no fresh reasoning. It simply preserved the existing position.

What did the court decide?

Three things matter for practitioners. First, complainants identified individuals they said were Turkish citizens who participated in alleged abuses in Israeli custody; the court directed that these individuals be identified and referred to prosecutors for legal action. Second, the court ordered a formal request to prosecutors concerning a possible new, separate indictment covering alleged crimes against civilians in Gaza. Third, it directed asset inquiries into whether any of the 35 defendants hold movable or immovable assets in Turkiye.

The reasoning behind the second order was narrow. The court noted that the existing indictment primarily described actions against the flotilla itself, while allegations concerning crimes against civilians in Gaza appeared only indirectly and in general terms. Because courts are bound by the factual allegations set out in an indictment, the panel said, those allegations must be described in concrete terms and linked to supporting evidence. It added that investigations into genocide and crimes against humanity could proceed upon a request from the justice minister.

The court also ordered that a request be sent through the Justice Ministry for documents from ICC proceedings involving the defendants, and that a UN report on alleged genocide in Gaza be requested through the same channel. Evidence from the Istanbul No 2 Bar Association and the International Jurists Union must be considered in any new indictment process. Applications to participate were accepted from complainants and several organisations, including the Istanbul No 2 Bar Association, MAZLUMDER, the International Jurists Union and the Association of Lawyers of the Earth.

What did the complainants allege?

The case stems from Israel's armed interception of the Global Sumud Flotilla, which was carrying humanitarian aid to Gaza. Osman Cetinkaya told the court he joined as a doctor to deliver medical supplies. He said Israeli soldiers confiscated five or six boxes of medical supplies from the vessel and that participants were mistreated at Ashdod port.

Zeynep Tekocak testified she was subjected to two strip searches and had an altercation with soldiers after refusing to remove her headscarf. "They recorded me wearing the clothes they gave me instead of my headscarf and mocked me," she said. She said one soldier told her he was from Yozgat, in central Turkiye. "They took our personal belongings, and I have not been able to recover any of them. Our privacy was seriously violated. I am filing a complaint."

Lawmaker Sema Silkin Un said she and roughly 80 other participants were held in a poorly ventilated room. She said a soldier insulted Islam while detainees read the Quran. "We were not even allowed to close our eyes where we were held. Sleeping was forbidden," she said. She added that police who arrived the next day insulted Turkiye and the detainees in Hebrew.

How did the lawyers frame the case?

Riza Saka, president of the Istanbul No 2 Bar Association, called the proceedings historic and urged inclusion of international evidence, including provisional measures ordered by the International Court of Justice in genocide proceedings concerning Gaza. He requested copies of ICJ documents and a UN report. Lawyer Yasin Samli argued the case involved allegations of genocide, crimes against humanity and attacks against civilians; counsel submitted eight volumes of evidence, five concerning alleged crimes against women and children in Gaza.

Takeaway: the court widened the investigation on two fronts — Turkish nationals and a possible second indictment on Gaza crimes — but decided nothing on guilt, and the next hearing is more than two years away.