Court of Appeals Upholds 159-Year Prison Term for Progressive Lawyers Association Members

Drawing: Murat Başol

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İstanbul Regional Court of Justice 2nd Penal Chamber (court of appeals) has announced its decision in the case where lawyers from the Progressive Lawyers Association (ÇHD) were given a 159-year prison term in total.

All objections have been rejected on the merits.

This is the final judgment for six lawyers who were sentenced to less than five years in prison, therefore they will not be able to appeal the verdict.

Twelve lawyers who were sentenced to more than five years in prison can appeal the decision at the Court of Cassation.

Reason for the refusal: Court's opinion and assessment

The court of appeals, in its verdict dated October 8, explained the reason for refusing the objections as follows:

"According to defendants' statements of defense, the proceedings, the evidence collected and displayed at the court, the opinion and assessment of the court in accordance with the results of the investigation, the content of the case file, it has been understood that there is no procedural or meritorious unlawfulness in the court's decision, there is no deficiency in the evidence and proceedings that the actions are considered correct and in accordance with the type of crime that is stated in the law, the sentence is implemented in the legal context..."

The arrest of six lawyers to continue

The court ruled that the arrest of lawyers Barkın Timtik, Behiç Aşcı, Selçuk Kozağaçlı, Engin Gökoğlu, Aytaç Ünsal and Aycan Çiçek to continue as per Articles 100/3 and 104/3 of the Law of Criminal Procedure, considering "the amount of penalty, the period they spent under arrest and the nature of the offense they are charged with."

The lawyers were given prison terms between 3 years, 1 month, 15 days and 18 years and 9 months.

In the petition addressed to the İstanbul Regional Court of Justice, Kozağaçlı stated, "I object to the verdict. I know that there are numerous reasons as well as their justifications to reverse this so-called legal judgment. Since you do not allow me to take a look at the case file, I hope that you will find these reasons and their justifications for me, too."

Prison sentences given to lawyers

Ahmet Mandacı, Zehra Özdemir, Ayşegül Çağatay, Yağmur Ereren, Didem Baydar Ünsal, Yaprak Türkmen, some of the lawyers who were being tried without arrest, were sentenced to prison for "willingly and knowingly aiding a terrorist organization," upon the Articles 314-3 and 227-2 of the Turkish Penal Code.

The court reduced the sentences Mandacı and Özdemir by one-sixth because the two defendants were present at the hearings, sentencing them to 2 years, 13 months and 15 days in prison. The period when they were held arrested will be deducted from their prison terms. The court also lifted the lawyers' bans from traveling abroad.

Çağatay, Ereren, Ünsal and Türkmen were sentenced to prison for 3 years and 9 months. The court did not reduce their sentences.

The court also ruled that two fugitive defendants Oya Aslan and Günay Dağ's case shall be separated and stay open as their defenses have not been taken yet.

The following verdicts were given on the defendants:

• Özgür Yılmaz: 13 years and 6 months in prison and arrest warrant,
• Ebru Timtik: 13 years and 6 months in prison and arrest warrant,
• Behiç Aşçı: 12 years in prison and the continuation of his arrest,
• Şükriye Erden: 12 years in prison and arrest warrant,
• Selçuk Kozağaçlı: 10 years and 15 months in prison and the continuation of his arrest,
• Engin Gökoğlu: 10 years and 6 months in prison and the continuation of his arrest,
• Aytaç Ünsal: 10 years and 6 months in prison and the continuation of his arrest,
• Süleyman Gökten: 10 years and 6 months in prison and arrest warrant,
• Aycan Çiçek: 9 years in prison and the continuation of her arrest,
• Naciye Demir: 9 years in prison and arrest warrant,
• Ezgi Çakır: 8 months in prison. Because Çakır has a small child and her spouse is a fugitive defendant, a house arrest has been given for her. (AS/VK)