Court of Cassation overturns sentences in Büyükada case

Several rights advocates were arrested and put on trial after a meeting in İstanbul in 2017. The top appeals court has overturned the sentences in respect of substance.

Ayça Söylemez

Court of Cassation overturns sentences in Büyükada case

Click to read the article in Turkish / Kurdish

The Court of Cassation has overturned the prison sentences in the Büyükada case, where rights defenders were put on trial on "terror" charges over a 2017 human rights meeting on Büyükada, one of the Prince's Islands in İstanbul.

In its decision dated October 17, the 3rd Penal Chamber of the top appeals court overturned the prison sentence of 6 years and 3 months for Taner Kılıç, former Türkiye representative of Amnesty International, for "being a member of a terrorist organization" because of "inadequate investigation."

The court also overturned the prison sentences for Günal Kuşun, İdil Eser and Özlem Dalkıran, concluding that the sentences were "unlawful." They had been sentenced to 1 year and 13 months in prison for "aiding a terrorist organization."

Nalan Erkem, İlknur Üstün, Ali Gharavi, Peter Steudtner, Veli Acu, Nejat Taştan and Şeyhmus Özbekli had been acquitted.

The case will be retried at the İstanbul 35th Heavy Penal Court, the first-degree court.

What happened?

On July 5, 2017, 10 rights advocates from various rights organizations were taken into custody during a training workshop with the topic "Protection and digital security of human rights advocates" in Büyükada, one of the Prince Islands in İstanbul. Nothing was heard from detained rights defenders for 30 hours.

On July 18, Idil Eser (Amnesty International Turkey Director), Özlem Dalkıran (Citizens' Assembly / formerly called Helsinki Citizens Association), Günal Kurşun (Human Rights Agenda Association), Veli Acu (Human Rights Agenda Association), Ali Garawi (citizen of Sweden / human rights trainer), and Peter Steudtner (citizen of Germany / human rights trainer) were arrested on charges of "committing crimes on behalf of the terrorist organization without being a member" (Article 220/6 of Turkish Penal Code/TCK ) and "being a member of an armed terrorist organization" (Articles 314/2 and 314/3 of TCK).

On July 23, İlknur Üstün (Women's Coalition) and Nalan Erkem (Citizens' Assembly / formerly called Helsinki Citizens Association), who were released on probation with an international travel ban, were arrested upon the prosecutor's objection to their release.

Amnesty International Turkey Executive Board Chair Taner Kılıç, who had been in pre-trial detention since June 2017 in another case, was included in the bill of indictment of Büyükada lawsuit later as a suspect.

According to the bill of indictment prepared by Public Prosecutor Can Tuncay, the rights defenders are claimed to be members of the Fethullahist Terrorist Organization/Parallel State Organization (FETÖ/PDY), Kurdistan Workers' Party/Kurdistan Communities Union (PKK/KCK) and The Revolutionary People's Liberation Party/Front (DHKP/C).

On October 25, the court ruled that Günal Kurşun, İlknur Üstün, İdil Eser, Nalan Erkem, Peter Steudtner, Özlem Dalkıran, Ali Garawi and Veli Acu be released. In addition, an international travel ban was imposed on Özlem Dalkıran and Veli Acu, and the probation order for Şeyhmus Özbekli and Nejat Taştan that was issued on July 25, was revoked.

The file of Kılıç, who stood trial in a separate case held before İzmir 16 Assize Court on charge of "financing terrorism and spying" and was later included in the indictment of Büyükada lawsuit as a suspect, was combined with the main Büyükada Case.

Taner Kılıç was released on August 15, 2018. Kılıç faced 7.5 years to 15 years in prison.

The final hearing of the case was held on July 3, 2020. Kılıç was sentenced to 6 years, 3 months and Günal Kuşun, İdil Eser and Özlem Dalkıran to 1 year, 13 months in prison.

(AS/VK)

Ayça Söylemez

[email protected]

all articles of the author

Boğaziçi Üniversitesi Felsefe Bölümü mezunu. Mimar Sinan Güzel Sanatlar Üniversitesi Sosyoloji bölümünde yüksek lisans yaptı. Marmara Üniversitesi İletişim Bilimleri’nde doktora yapıyor. Vatan, Akşam, HaberTürk ve Hürriyet gazetelerinin yazıişleri ve dış haberler bölümünde çalıştı. Güncel Hukuk dergisinde yazıları yayınlandı. BirGün’de Anonim adlı köşeyi yazıyor. 2011’den bu yana bianet’te İnsan Hakları Editörü.