Kurdish citizen Ilhan Kaynak has already spent eight years in prison for a 2015 rally in Hakkari. Although the Constitutional Court overturned the sentence on 6 June 2023 as a "violation of the law" and stopped the execution, the case was reopened and Kaynak was sentenced to ten years in prison for "committing a crime on behalf of an illegal organisation without being a member of the organisation" and "public incitement to commit a crime". The basis for this trial is solely the fact that he applauded at the rally to promote the self-government of Kurdish cities. Now he has been sentenced again for the same "offence".

Commenting on the case, Kaynak's lawyer Servet Özkan stated: "In 2019, when the court's decision was confirmed by the Court of Cassation and became final, we filed an individual application with the Constitutional Court. The right to a fair trial for our client was violated by the local courts during the trial, as the trial was held exclusively by video, without our client ever appearing in court in person. Since 5 November 2015, we have demanded the lifting of the detention and the release of our client. The court granted our request and decided to release our client on 6 June 2023. Regrettably, the 2nd Heavy Penal Court of Hakkari broke the law and made the same decision as the local court."

The lawyer pointed out that: "There is no longer an independent judiciary in Turkey anyway. We have seen this again here. The local courts have made it their business to permanently disregard the constitution and override the rulings of the Constitutional Court. There is a peculiarity here. My client was convicted of two separate offences just for participating in a press statement and applauding. Although the Constitutional Court speaks of violations of the law, the local court unfortunately ignored this decision."