Arrested Academic for Peace Füsun Üstel to be Transferred to Open Prison

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The Eskişehir 1st Judgeship of Execution has accepted the request of Academic for Peace Prof. Dr. Füsun Üstel for transfer to an open prison.

After her 15-month prison sentence became definite with the verdict of the court of appeal dated February 25, 2019, Üstel, a signatory to the peace declaration entitled "We will not be a party to this crime", was imprisoned in Eskişehir Type H Closed Prison on May 8.

Evaluating the application of her attorneys Fikret İlkiz and Sennur Baybuğa, the Judgeship has rejected the request for the release of Üstel on probation.

As per the detailed ruling of the Judgeship of Execution dated May 21, the transfer of Üstel from the Eskişehir Type H Closed Prison to an open penal institution will be executed in seven days at the latest.

'She is not convicted of a terror crime'

In its detailed ruling, the Eskişehir 1st Judgeship of Execution has referred to a verdict given by the 1st Penal Chamber of the Supreme Court of Appeals dated April 29. In this verdict, the Supreme Court concluded that the ones convicted of propagandizing for a terrorist organization cannot be considered a member of a terrorist organization and the convicts in question could be transferred to an open penal institution or released on probation.

In its ruling, the Judgeship of Execution has also made the following remarks on the 15-month prison sentence given to Üstel on charge of "propagandizing for a terrorist organization":

"It has been understood that in the related verdict of conviction, there is no expression suggesting that the convict committed the crime in the name of a terrorist organization..."

The court has rejected the request for release on probation as "the convict has not been referred to an open penal institution, there is no judgement of good conduct given for her and there is no assessment report."

What happened?

On April 4, 2018, Prof. Dr. Zübeyde Füsun Üstel from Galatasaray University was sentenced to 1 year and 3 months in prison on charge of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law (TMK) for having signed the peace declaration.

The penalty of Prof. Dr. Üstel was not deferred by the İstanbul 32nd Heavy Penal Court on the ground that she did not demand the deferment of announcement of the verdict and did not make "a statement of penitence."

The 3rd Panel Chamber of the İstanbul Regional Court of Justice, the court of appeal, upheld the prison sentence of Prof. Dr. Füsun Üstel in a verdict dated February 25, 2019. Though her attorneys objected to the verdict of the court of appeal, her prison sentence has still been executed. Accordingly, Üstel has been behind bars since May 8, 2019.

As of May 8, 2019, 610 academics signatory to the peace declaration have stood trial since December 5, 2017, when the trials of academics started, and 191 of these academics have been sentenced to prison.

The prison sentences of 34 of 191 academics have not been suspended: While the prison sentences of 28 academics were not deferred as their prison terms are over two years (as per the Article 286 of the Law on Penal Courts), 6 academics, including Füsun Üstel, did not accept the deferment of the announcement of their verdicts.

(TP/SD)