Supreme Court of Appeals Ratifies Kuray’s Life Sentence
Supreme Court of Appeals 9th Penal Chamber ratified the life sentence of Sarp Kuray.
Currently jailed in Sincan High Security Prison, Kuray had applied to the European Court of Human Rights (ECHR) which decreed on his retrial due to violation of right to fair tribunal.
A "one man crime organization”
While Kuray defend himself on November 5, 2013 at Istanbul 9th High Criminal Court, he said that "the case is shady, until today anybody heard for being member of 16 June Association and he didn't give orders to political actions."
Kuray was charged with "changing the constitutional order by using armed force."
“You are talking about an organization that aims to change the constitutional order, but there is nobody being jailed expect me. The whole thing is two fugitives and me,” he said in his defense statement.
Kuray added that he has been confronted with one of three witnesses who denied his testimony.
“One of them already refuted this statement. I also wanted to confront other two witnesses. The confrontation happens like that. However you didn't listen these witnesses on the trial. This is clearly evident to not give a command,” he said during the hearing.
According to Turkish Penal Code Article 146, the court ruled life sentence to Kuray again.
Timeline of events
One of the youth leaders of the 1968 generation in Turkey, Kuray created a secret organization - "The Partisan Way". Then he fled Turkey before the 12 September 1980 coup.
In 1987, he and his friends created the "16 June Movement", a Marxist-Leninist organization.
On October 22, 1993, he returned to Turkey and was arrested and taken into custody at the airport.
On March 25, 2008, the Istanbul Assize Court sentenced Mr Kuray to life imprisonment for attempting to overthrow the constitutional order by force, a sentence upheld on 22 October 2008 by the Court of Cassation.
Kuray has served in prison since February 2009 and was expected to serve 7 years and 6 months.
Relying on Article 6 (right to a fair trial within a reasonable time), he alleged that his case had not been examined within a reasonable time and that he had not been given a fair trial.
On July 24, 2012, ECHR found Turkey guilty for violating Article 1, 3 and 6 (length of proceedings, right to obtain attendance and examination of witnesses), ordering Turkey to pay 10,000 euros as non-pecuniary damages.
According to the ruling in 2008, Kuray had to stay in prison for 7.5 years after a series of sentence reductions. Kuray (68) has been jailed in Sincan Prison for 5 years. (AS/GOA/BM)
* Click here to read the article in Turkish.
