Justified ruling in ÇHD case: Prison sentence for wearing cap with red star

Photo: Efkan Bolaç

Click to read the article in Turkish

The İstanbul 18th Heavy Penal Court on November 11 announced its decision in the trial of lawyers from the Progressive Lawyers Association (ÇHD) and the People's Law Bureau (HHB).

Selçuk Kozağaçlı and Barkın Timtik were sentenced to 12 years in prison each for "being a member of an illegal organization," Oya Aslan was sentenced to 10.5 years in prison, in addition to a conviction for "terror propaganda," and the other lawyers were given prison sentences of up to 6 years and 3 months.

The ÇHD case consists of two cases that were previously merged. The lawyers who stood trial in these two cases were sentenced to a total of 233 years and 9 months in prison.

The justified rulings for 22 lawyers were last week sent to the parties.

CLICK - Progressive Lawyers Association case: All lawyers given sentences on 'terror' charges

The cap with a red star

In the justified decision, the court cited a cap with a red star as evidence against Lawyer Efkan Bolaç, who wore the cap during the 2011 May Day celebrations.

Bolaç was in the "same cortege with the members of the People's Front and DEV-GENÇ, which are establishments of the DHKP-C [Revolutionary People's Liberation Party-Front] terror organization," the decision said, citing photos obtained from hard drives seized during searches at Bolaç's workplace.

The people forming the cortege were carrying red flags, the symbol of the DHKP-C, and marching in military order wearing uniforms, and Bolaç was wearing the same cap as them and acting together with the group, according to the ruling.

The then-chair of the İstanbul Bar Association, Ümit Kocasakal, also wore the same cap during the celebrations.

The verdict

The lawyers received the following sentences:

Selçuk Kozağaçlı: 12 years in prison for "being a member of a terrorist organization" and 1 year for "propagandizing for a terrorist organization"

Barkın Timtik: 12 years in prison for "being a member of a terrorist organization" and 7 years for "propagandizing for a terrorist organization" 1 year for "resisting the security forces" and 6 months "for participating in an illegal demonstration"

Oya Aslan: 10 years in prison for "being a member of a terrorist organization" and 6 years for "propagandizing for a terrorist organization"

Taylan Tanay, Betül Vangölü Kozağaçlı, Güçlü Sevimli, Gülvin Aydın: 6 years and 3 months in prison for "being a member of a terrorist organization." The announcement of the verdict for "propagandizing for a terrorist organization" was deferred.

Güray Dağ, Efkan Bolaç, Serkan Arıkanoğlu, Mümin Özgür Gider, Metin Narin, Sevgi Sönmez, Alper Tunga Saral, Rahim Yılmaz, Selda Yılmaz: 6 years and 3 months in prison for "being a member of a terrorist organization"

Özgür Yılmaz: 1 year in prison for "propagandizing for a terrorist organization" (Because he had a finalized sentence for "being a member of a terrorist organization," this charge was dropped in this case.)

Şükriye Erden: Announcement of the verdict for "propagandizing for a terrorist organization" was deferred. (Because she had a finalized sentence for "being a member of a terrorist organization," this charge was dropped in this case.)

Naciye Demir: The announcement of the verdict for "propagandizing for a terrorist organization" was deferred.

Files of the defendants Zeki Rüzgar and Günay Dağ were separated.

The case against Ebru Timtik, who lost her life in a death fast demanding a fair trial was dropped.

The ÇHD case consists of two separate cases that were merged. After the first case at the İstanbul 37th Heavy Penal Court, the Court of Cassation had overturned the verdicts for four lawyers.

The verdicts for the other lawyers that were upheld by the Court of Cassation:

Özgür Yılmaz: 13 years and 6 months

Behiç Aşçı: 12 years

Şükriye Erden: 12 years

Engin Gökoğlu: 10 years and 6 months

Aytaç Ünsal: 10 years and 6 months

Süleyman Gökten: 10 years and 6 months

Aycan Çiçek: 9 years

Naciye Demir: 9 years

The local court had sentenced Ezgi Çakır, a lawyer of the defendants, to 8 years in prison. The Court of Cassation had ruled that Çakır should have been sentenced to "knowingly and willingly aiding the organization." (AS/VK)