Reference to Supreme Court of Appeals in Prof. Füsun Üstel’s Verdict of Release

* Photograph: Mezopotamya Agency

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Arrested in Eskişehir Women's Closed Prison since May 8, Prof. Füsun Üstel, an Academic for Peace signatory to the peace declaration, was released from prison last evening (July 22).

CLICK - Prof. Füsun Üstel Released

The İstanbul 33rd Heavy Penal Court has given a ruling of stay of execution for Üstel. In its ruling dated July 22, the court has referred to a verdict given by the 1st Penal Chamber of the Supreme Court of Appeals on 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.

Accordingly, taking the above ruling as a precedent, the 33rd Heavy Penal Court has concluded, "It has been ruled that the objections shall be accepted and the execution shall be halted in order to prevent any irrecoverable or irreparable situations and unjust treatment of the convict."

Verdict of transfer to open prison reversed

Evaluating the objections of Üstel's attorneys Fikret İlkiz and Sennur Baybuğa, the Eskişehir 1st Judgeship of Execution first accepted the request of academic Füsun Üstel for transfer to an open penal institution. Pronouncing its detailed ruling on May 21, the court also referred to the above ruling of the Supreme Court of Appeals.

However, examining the objection of Public Prosecutor Hüseyin Özdemir, the Eskişehir 1st Heavy Penal Court reversed the ruling of the Judgeship of Execution, which meant that Üstel could not be transferred from the Eskişehir Type H Closed Prison to a open penal institution.

CLICK - Prosecutor Objects, Academic for Peace Üstel Cannot be Transferred to Open Prison

Request of 'reversal for the sake of law'

On June 14, attorneys İlkiz and Baybuğa appealed to the Eskişehir Prosecutor's Office of Execution, requesting that Üstel's right of transfer to an open penal institution be granted. Upon this appeal, the Eskişehir Chief Public Prosecutor's Office made a request of "reversal for the sake of law."

However, on the ground that the Eskişehir 1st Heavy Penal Court gave the final ruling on her transfer to an open prison, the Prosecutor's Office submitted a request of reversal for the sake of law to the Ministry of Justice.

Lower court ruled for continuation of execution

On July 10, the Eskişehir Judgeship of Execution sent an official letter to the İstanbul 32nd Heavy Penal Court, which sentenced Üstel to prison. In its letter, the judgeship requested stay of execution on the ground of "the request for reversal for the sake of law."

However, on the same day, the 32nd Heavy Penal Court ruled that the execution of Üstel's prison sentence should continue.

Objection accepted by the upper court

Attorneys Fikret İlkiz and Sennur Baybuğa objected to the ruling of the 32nd Heavy Penal Court and took the case to the upper court, the İstanbul 33rd Heavy Penal Court. In its ruling dated July 22, the upper court has ruled for the stay of execution "in order to prevent any irrecoverable or irreparable situations and unjust treatment of the convict."

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 was still executed. Accordingly, Füsun Üstel was imprisoned in Eskişehir on May 8, 2019.

Since December 5, 2017, when the trials of academics started, 204 Academics for Peace have been sentenced to prison.

The prison sentences of 36 of 204 academics have not been suspended: While the prison sentences of 29 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)