ŞANAR YURDATAPAN PENNED
We are Ashamed
Bringing a prosecution against Diyarbakır Bar President Tahir Elçi by Bakırköy Prosecution in addition to taking him to İstanbul to take into custody has formed a new and extreme example of how jurisprudence is abused for political goals in Turkey. We are ashamed on behalf of our country.
| Diyarbakır Bar President Tahir Elçi has been supervised released by the Bakırköy Criminal Court of Peace after he was sent to the court for arrest where his testimony was taken on October 20 upon his words on a program on CNN Türk channel, "PKK (Kurdistan Workers' Party) is not a terrorist organization." |
Saying either "PKK is not a terrorist organization" or "PKK is a terrorist organization" is within the scope of freedom of expression, just as in saying "Armenian Genocide is real" or "unreal".
CLICK - Diyarbakır Bar President Supervised Released
This practice is contrary to Article 10 of European Convention of Human Rights that secures freedom of expression, Article 26 of Turkish Republic Constitution as well as Law of Criminal Procedure (CMK).
Because:
1. In order to issue an arrest warrant, a call must be made to the person and the person doesn't comply with it (CMK Article 98). Such a call wasn't made to Tahir Elçi.
2. Moreover, Tahir Elçi is not just somebody but a bar president. His whereabout is known, there is no risk of him flee, and it's not possible to destroy evidence (things he said on TV).
3. Sub-limit of the crime laid on him "promoting terrorist organization" is one year, and it is 1,5 years in case it is reflected on media (Anti-Terror Law Article 7). For the crimes with under 5-year sub-limit, deposition is possible. (Article 196/2 of Law number 5271). So, Bakırköy Prosecution colud have asked Diyarbakır Prosecution to do that.
Detainment of Tahir Elçi is unlawful and entirely a political attitude.
This act has been done to suppress dissenter opinions, have them trivialized before public opinion, just like police blocking deputies and attacking them with pepper gas and batons. Unfortunately, jurisprudence too thinks it's at executive power's command.
We believe that the days which jurisprudence will be free and indifferent will come, and declare that we will continue doing our part to have that day come as soon as possible. (ŞY/HK/TK)
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