Adana Branch Chair of the Human Rights Foundation (İHD) Ethem Açıkalın was handed a 1 year prison sentence for protesting the killing of Kevser Mızrak, who had been killed by the police in his home in Ankara. Açıkalan participated in a press release organized by representatives of the Adana Rights and Freedom Front (HÖC) in the Adana İnönü Park on 13 December 2007. In the demonstration it was claimed that Mızrak was a member of the leftist militant Revolutionary People's Liberation Party/Front (DHKP-C) and his killing was condemned. 4 days after Açıkalan attended the meeting he was arrested. After 5 months in detention he was released and prosecuted un-detained.
On 8 October the Adana 8th High Criminal Court sentenced Açıkalan and 8 other people to 1 year imprisonment under charges of "collaboration with an organization". Açıkalan filed an appeal against the decision on 12 October.
1 year prison sentence for 9 human rights activists
President judge Kenan Seyran convicted 9 people to a 1 year prison sentence each, applying article 7/2 of the Anti-Terrorism Law (TMK): HÖC representative Şenmsettin Kalkan, İHD representative Açıkalan who supported the protest because of a violation of the right to life, Dinçer Ergün as a representative of the Socialist Platform of the Oppressed (ESP), Çukurova People Culture Center representative Hasan Yüksel and HÖC members Mehmet Bıldırcın, Hasan Kutlu, Halime Keçeli, İlhan Sarıoğlu and Emrah Eskibal.
Article 7/2 of the TMK foresees imprisonment of between1 and 5 years for assisting members of organizations or making propaganda for an organization with the aim of changing the characteristics of the Republic as specified in the Constitution.
The court acquitted Açıkalan of charges regarding "propaganda for an organization" and also acquitted the other convicts of "membership in an organization".
Açıkalan commented that press releases and protest actions of democratic mass organizations and rights institutions have been presented as illegal "very easily" in recent years, being evaluated within the framework of organization activities, "Considering this trial it is very clear that freedom of speech is under imminent risk".
Açıkalan argued that the İHD's criticism prior to the enforcement of the amended TCK on 1 June 2005 was left unheard. The İHD's objections referred to article 314 on "membership in an armed organization", article 220 on "committing a crime on behalf of an organization" and article 7 on punishment of "propaganda for an organization".
Acquittal and conviction
Human rights defender Açıkalın was arrested because of his participation in the press release on the killing of Mızrak, criticizing the police force's disregard of the possibility to arrest the DHKP-C member alive.
After Açıkalın was arrested from his home on19 January 2008, he was kept in custody for 3 days. The prosecutor took his statement and he was brought to the court of inquiry.
Açıkalan was interrogated and sent to the Kürkçüler F Type Prison under charges of "committing a crime on behalf of an organization" and "propaganda for an organization". Açıkalın had been acquitted of these convictions in the second hearing of the case on 23 June 2008, while his prosecution under charges of "collaboration with an organization" continued. (EÖ/VK)
