Academics for Peace: Local Courts Act 'Arbitrarily' Despite Constitutional Court Ruling

While 486 academics have been acquitted so far, some local courts do not abide by the top court ruling, the Academics for Peace has stated.

İstanbul

Academics for Peace: Local Courts Act 'Arbitrarily' Despite Constitutional Court Ruling

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The Academics for Peace have released a written statement, saying that local courts have "unequal and arbitrary behavior" in the trials following the Constitutional Court decision, which stated the rights of the academics were violated.

While numerous courts, in compliance with the Constitutional Court decision, retried the cases and acquitted the academics, the İstanbul 37th Heavy Penal Court did not acquit the academics whom it sentenced to prison but deferred the announcement of the ruling, according to the statement.

Trials outside İstanbul

The academics further said that some courts outside İstanbul issue foreign plea, which leads the cases to be brought to the Court of Cassation.

The statement gave the following information on the trials:

* After the Mersin 9th Heavy Penal Court acquitted the academics, the Prosecutor's Office appealed the decision at the court of appeal, alleging that the Peace Declaration "has the characteristics of terrorist propaganda" and it cannot be considered within the scope of the Constitutional Court decision and the judicial reform package.

* The Eskişehir 2nd Heavy Penal Court did not acquit the academics and determined the date of the next hearing.

* Court of appeal has not yet examined the cases that are in the process of objection.

486 academics have been acquitted, 336 await court ruling

486 academics have been acquitted as of November 1, while a decision has not yet been made for 336 academics, according to the statement.

"The unequal and arbitrary behaviors of the courts, which we witnessed during the trial process, continue in the acquittal process as well. Every day that the decision of acquittal is delayed in the relevant cases, our freedom of expression is violated repeatedly. It is a legal obligation and liability to rapidly grant our request for immediate acquittal.

"On the other hand, it is clear that not only the lawsuits filed and prison sentences given but also all other oppression and loss of rights that we have been subjected to because we are the signatories of the Peace Declaration constitute a violation of our freedom of expression.

"It is a constitutional requirement that all the Academics for Peace who are pushed out of the university to return to their universities unconditionally. We will pursue all our demands.

"In these days where those who oppose wars and human rights violations and criticizes state policies face detention and arrest, we would like to recall the ruling of violation that the Constitutional Court made on July 26, 2019, and the scope of the freedom of expression that constitutes the justification of the ruling."

About the Trials of Academics

On January 10, 2016, 1,128 academics published a declaration entitled "We will not be party to this crime" on behalf of the Academics for Peace initiative.

With the participation of further academics, the number of academics who have signed the declaration has reached 2,212.

With the indictment issued by the Prosecutor İsmet Bozkurt, lawsuits were filed against the academics on charge of "propagandizing for a terrorist organization" as per the Article No. 7/2 of the Anti-Terror Law No. 3713.

As of October 30, 2019, 806 academics had stood trial since December 5, 2017, all the 204 academics whose cases were concluded were sentenced to prison. 146 of these academics were sentenced to 1 year and 3 months in prison; 8 academics to 1 year and 6 months in prison; 18 academics to 1 year, 10 months and 15 days in prison; 17 academics to 2 years and 3 months in prison; 7 academics to 2 years and 6 months in prison; 5 academics to 2 years and 1 month in prison; and one academic to 3 years in prison.

Non-deferred prison sentences for 36 people

Of these 204 people, the verdicts of conviction of 36 academics in total were not deferred; while the verdicts of 29 people were not deferred as their prison terms are over 2 years (as per the Article 286 of the Law on Criminal Courts), the verdicts of 7 academics were not deferred as they did not accept the deferment of the announcement of their verdicts.

With her 15-month prison sentence upheld by the court of appeal, Academic for Peace Prof. Dr. Füsun Üstel was arrested on May 8, 2019 to be released on July 22.

Constitutional Court said "violation of right"

The General Assembly of the Constitutional Court examined the individual applications of 10 Academics for Peace sentenced to prison on charge of "propagandizing for a terrorist organization" for having signed the peace declaration.

On July 26, 2019, the Court ruled that the penalization of Academics for Peace on charge of "terror propaganda" has violated their freedom of expression.

The Court decided that a copy of this judgement shall be sent to all local courts in order to eliminate this right's violation and advised for retrial. The court also ruled to pay each applicant 9 thousand TRY in reparations.

Acquittals

After the new judicial year opened on September 2, the first verdict of acquittal for an Academic for Peace in accordance with the Constitutional Court ruling was given by the İstanbul 30th Heavy Penal Court on September 6. Since then, 27 courts have given verdicts of acquittal for Academics for Peace.

Constitutional Court ruling and its consequences

The ruling of the Constitutional Court stipulates that the local courts shall hold re-trials and give verdicts of acquittal in ongoing cases and for finalized sentences and the courts of appeal shall reverse the judgements in question.

The State of Emergency Commission, which has not yet given its decision regarding the applications of discharged academics, shall also take the Constitutional Court ruling into account. However, it can still give contrary rulings.

In the event that the Commission gives a decision against the academics, they will have the right to appeal to the Council of State. Though the Constitutional Court ruling is binding for the Council of State, any possible failure to withdraw the decisions of discharge will also be examined by the Constitutional Court.

You can reach all news on Trials of Academics here

You can reach the statements of Academics for Peace in English here

(TP/VK)