Lawyer Veysel Ok and Journalist Cihan Acar Sentenced to 5 Months in Prison

* Photograph: MLSA

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Media and Law Studies Association (MLSA) Co-Director lawyer Veysel Ok and reporter Cihan Acar have been each sentenced to 5 months in prison on charge of "degrading the judicial bodies of the state" as per the Article 301 of the Turkish Penal Code (TCK).

Following a verdict of non-jurisdiction, the trial that previously lasted around two years started again. In his third hearing today (September 12), Ok appeared before the judge at the İstanbul 2nd Penal Court of First Instance. While Cihan did not attend it, his lawyer was present at court.

'I used my right to criticize as a lawyer'

In his statement of defense presented to the court, lawyer Ok said, "The interview done in the article in question is intended for purposes of criticizing the independence and impartiality of the judiciary. It is something expressed not only by me, but also by several professors specialized in the field.

"I used my right to criticize as a lawyer. I still hold the same opinion that the Judgeships of Peace, both in terms of their establishment and structure, are in violation of the European Convention on Human Rights (ECtHR) and international norms."

5-month prison sentence for each

After the lawyers of the defendants presented their statements of defense, the court announced its judgement on Ok and Acar. The court ruled that they should be sentenced to six months in prison on charge of "publicly degrading the judicial bodies of the state" as per the Article 301/1 of the TCK.

Taking the behavior of the defendants during the judicial process into consideration, the court has reduced the prison terms of both Ok and Acar by one sixth, thereby sentencing them to five months in prison. The announcement of both verdicts has been suspended.

Turkish Penal Code (TCK) Article no. 301

A person who publicly degrades Turkish Nation, State of the Republic of Turkey, Grand National Assembly of Turkey the Government of the Republic of Turkey and the judicial bodies of the State shall be sentenced a penalty of imprisonment for a term of six months to two years. A person who publicly degrades the military or security organisations shall be sentenced according to the provision set out in paragraph one. The expression of an opinion for the purpose of criticism does not constitute an offence.

What happened?

The lawsuit in question was filed after Veysel Ok gave an interview to Özgür Düşünce newspaper, which was closed by the Statutory Decree no. 668, and stated in the interview that "the judiciary is unicolor".

According to the bill of indictment issued by Prosecutor Murat İnam, against whom there is an ongoing lawsuit at the Supreme Court of Appeals on charge of "being a member of the Fethullahist Terrorist Organization (FETÖ)", the investigation was launched against Ok after a denouncement was submitted by the General Secretariat of the Presidency to the Ankara Chief Public Prosecutor's Office. On July 29, 2016, the Ministry of Justice granted the necessary permission to investigate Ok.

In the hearing of the cased dated July 17, Hakkı Yalçınkaya, the judge of the court, withdrew from the case on the ground that he involved as a complainant-participant in the lawsuit concluded by the İstanbul Anatolian 10th Penal Court of Peace where journalist-writer Ahmet Altan was tried and Ok was the lawyer of Altan.

As the judge withdrew from the case, the trial started again.

(HA/SD)