Progressive Lawyers Association | Prosecutor seeks prison sentences for all lawyers

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The prosecutor has submitted their opinion as to the accusations to the İstanbul 18th Heavy Penal Court in the case of lawyers from the Progressive Lawyers' Association (ÇHD) and the People's Law Bureau (HHB).

The next hearing will be held tomorrow (November 17). The court previously ruled that the case should be heard at the Silivri Prisons Campus. It was previously heard at the İstanbul Courthouse in Çağlayan.

Prosecutor Haluk Tunç demanded that all lawyers tried in two separate cases that are now merged be sentenced for "managing an illegal organization", "membership in an illegal organization" or "propagandizing for a terrorist organization."

CLICK - 159-year prison sentence for lawyers was based on 'non-existent' evidence 

The prosecutor also requested an arrest warrant for lawyer Taylan Tanay because "of the nature of the crime," "the charged offense is included in the crimes listed in article 100/3 of the Code of Criminal procedure" and "judicial control measures would be insufficient considering the upper and lower limits of the demanded sentences."

The arrests of lawyers Barkın Timtik and Selçuk Kozağaçlı should continue, the prosecutor stated.

According to article 5 of the Attorneys' Act, licenses of lawyers who received a prison sentence of longer than two years or who received a sentence for crimes against the security of the state or the constitutional order can be revoked.

Strongest evidence: Attending funerals

Names of the lawyers whom the prosecutor demanded be sentenced, according to the opinion as to the accusations dated November 15:

Selçuk Kozağaçlı, Taylan Tanay, Barkın Timtik, Oya Aslan, Günay Dağ, Betül Vangölü Kozağaçlı, Güçlü Sevimli, Gülvin Aydın, Güray Dağ, Efkan Bolaç, Serhan Arıkanoğlu, Mümin Özgür Gider, Metin Narin, Sevgi (Özer) Sönmez, Alper Tunga Saral, Rahim Yılmaz and Selda (Kaya) Yılmaz, Naciye Demir, Özgür Yılmaz, Şükriye Erden.

The case of Zeki Rüzgar, an arrest warrant concerning whom is not yet executed, should be separated, the prosecutor stated.

The prosecutor demanded a sentence for Taylan Tanay for "managing an illegal organization" and for Barkın Timtik for "being a member of an illegal organization." Timtik was previously sentenced for managing an organization as well.

Lawyer Oya Aslan is facing a prison sentence for "propagandizing for a terrorist organization" because of her acts "during funerals, press conferences and meetings."

İbrahim Çuhadar is also facing a prison sentence for "successive terror propaganda" for taking part in a "funeral, which turned into terror propaganda."

Press conferences and funerals they had attended were also cited as evidence against lawyers Güçlü Sevimli, Gülvin Aydın and Günay Dağ.

What happened?

In the trial of lawyers from the Progressive Lawyers' Association (ÇHD), the court announced its ruling on March 20, 2019 and gave prison sentences ranging from 18 years, 9 months to 3 years, 1 month, 15 days. The 2nd Penal Chamber of the İstanbul Regional Court of Justice rejected the objections in October 2019 and sent the file to the Court of Cassation.

The Chief Public Prosecutor's Office of the Court of Cassation expressed the opinion that over 159-year prison sentences of all lawyers, except for the one given to lawyer Barkın Timtik, be upheld.

The letter of notification only indicated that the prison sentence of 18 years, 9 months given to Barkın Timtik for "establishing and leading an organization" as per the Article 314/1 of the Turkish Penal Code (TCK) should be overturned and he should also be penalized for "membership of an organization" like other lawyers.

The letter of notification issued by the prosecutor's office was sent to the 16th Penal Chamber of the Court of Cassation.

ÇHD executive lawyer Ebru Timtik and ÇHD member lawyer Aytaç Ünsal went on a death fast in prison for their right to a fair trial. They were referred to hospital on July 30, 2020. Timtik lost her life on August 27 on the 238th day of her death fast. Ünsal ended his fast, he is now in treatment.

The Court of Cassation upheld all sentences, except for the ones given to lawyers Barkın Timtik, Selçuk Kozağaçlı and Ezgi Çakır.

Prison sentences upheld by the Court of Cassation on September 15, 2020:

Özgür Yılmaz: 13 years, 6 months

Behiç Aşçı: 12 years

Şükriye Erden: 12 years

Engin Gökoğlu: 10 years, 6 months

Aytaç Ünsal: 10 years, 6 months

Süleyman Gökten: 10 years, 6 months

Ayçan Çiçek: 9 years

Naciye Demir: 9 years (AS/VK)