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Evaluating the objection against decision of acquittal of author and sociologist Pınar Selek, Supreme Court 9th Penal Chamber has rendered decision of non-jurisdiction and sent the file to Supreme Court General Board, and that delivered an opinion that there is no change in its verdict of reversing the acquittal decision.
Speaking to bianet, lawyer Yasemin Öz said that the court delivering opinion while issuing decision of non-jurisdiction is contradictory and underscored that no hearing was held while Supreme Court General Board was examining the file.
"Even though Supreme Court Chief Prosecutor's Office, which demands aggravated lifetime imprisonment for our friend, is represented in the General Board, Pınar Selek won't be represented. This causes an imbalance between the defense and prosecution", Öz added.
"You can't take away this acquittal or Pınar Selek from us"
In its press release, Justice for Pınar Selek Committee said:
"We feel the need to share with the public several recent and worrying developments in the case of our friend sociologist-writer Pınar Selek, currently in the Supreme Court of Appeals. The "Spice Bazaar" conspiracy woven around our friend since 1998 is once more at the Supreme Court after 20 years and we liken this process to the chilling story of Sisyphus who was punished by the Gods to constantly push a rock up a mountain and shoulder the rock again every time it rolled down.
"We have had trouble translating to different languages how our friend, who has been acquitted four times, is still on trial. The problem is not our linguistic knowledge but rather law and justice itself.
"The 2014 decision to acquit Pınar Selek for the fourth time was appealed by the prosecutor and the case file has been sent to the Supreme Court. The file, sent from one penal chamber to another because of conflicts in jurisdiction and responsibility, was delayed until finally reaching the Supreme Court of Appeals' 9th Penal Chamber. The chamber had previously inspected the case and ruled that it was not within its jurisdiction. But the new committee of the 9th Penal Chamber in a very short time decided that there was no change to the 2009 decision regarding the overturning of the acquittal and sent the file to the General Criminal Council of the Supreme Court, along with the Chief Prosecutor's (of the Court of Appeals) demand for revoking of the acquittal,
"As will be remembered, the judges who illegally ignored Pınar Selek's third acquittal and who ruled for conviction as if they were stealing valuables from a fire, signed a scandalous decision. These judges are now on trial for aggravated life sentences under FETO investigations. The last Supreme Court notification has been prepared based on this decision that was based on ignoring legal evidence, manipulation to the extent of abuse of office, fake documents, slander, and claims that were debunked numerous times. But that decision's invalidity was ruled upon with the local court's fourth acquittal decision.
"We are concerned because of these negative developments and because there is no hearing at the General Criminal Council. We are facing an unjust, unbalanced situation in the examination hearing where the Supreme Court's Chief Prosecutor who appealed the acquittal decision and who's demanding an aggravated life sentence for our friend is being represent and where we do not have any right to speak against this debunked conspiracy. In practice, the General Criminal Council looks at the special report and the notification, without having the opportunity to examine the file, and rule within a week. If the acquittal is evaluated as a decision of persistence and if the General Criminal Council overturns it, that would carry the danger of this struggle for justice in its 20th year would end in a heavy conviction and serious monetary damages.
"Pınar Selek's case is at a critical juncture under the state of emergency. On her behalf, we call on all who carry the hope of a just, free and equal life, and who expand the circle of solidarity inside and outside the country, to shout out in support.
"We have for years considered it humiliating to even say Pınar Selek is innocent. Because the real crime has been committed against her, her family and her loved ones. This injustice against a feminist, anti-militarist woman of science, who worked with groups the system tried, who questioned with clean labor the twisted past, the missed peace, the manhood that is being built as the basis of patriarchy, is an unberabale threat that threatens us all.
"We are the ones who should be calling them to account. Pınar Selek should have never been tried. We hold up her acquittal with pride. You can't take away this acquittal or Pınar Selek from us".
What happened?
Having been tried and acquitted three times in the Egyptian Bazaar explosion in 1998, Pınar Selek was sentenced to life on January 24, 2013.
Upon her appeal, Supreme Court 9th Penal Chamber overturned the verdict.
On October 3, 2014 the case opened again with the judge ordering the removal of life sentence and arrest warrant for Selek.
On December 5, 2014 reiterating his former opinion again, prosecutor recharged Pınar Selek with aggravated life sentence.
Pınar Selek was acquitted for the fourth time in the hearing held on December 19, 2014. The prosecutor appealed the decision on December 22, 2014. The file was sent to Supreme Court General Board.
Supreme Court Chief Prosecutor’s Office demanded that the acquittal decision be reversed. The case, which was sent by penal chambers to each other due to assignment dispute, lastly came to Supreme Court 9th Penal Chamber. (ÇT/TK)
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