According to the "Arrested Students Report" prepared by the Istanbul Branch of the Contemporary Lawyers Association (ÇHD), a total of 89 high school and university students are currently being incarcerated in the Gebze M Type Prison, prisons in Kandıra and Tekirdağ, the Edirne F Type Prison and the Bakırköy (Istanbul) Women and Juveniles Detention Centre.
The report states that the overall number of imprisoned students all over Turkey is much higher than that. Attention is drawn to the fact that "oppression of university students has increased and that serious problems occurred regarding the right to freedom of expression and to defence".
The report refers to arrested students as well as students who were expelled or suspended from school due to administrative investigations.
Courts decide for "freedom of expression"
The report emphasizes that it is absolutely normal if students announce their opinion on topics like free education, tuition fees or textbooks and if they attend protest actions. However, freedom of expression is denied for students who are arrested.
The majority of arrested students are being prosecuted according to Articles 220 and314 of the Turkish Criminal Court (TCK) and Article 7/2 of the Anti-Terror Law (TMK), the report points out. Many of the students are also being tried in the scope of the Law on Meetings and Demonstrations (Law No.2911) and under allegations of resistance against the police as stipulated in Article 265 of the TCK.
It is indicated in the report that freedom of thought and freedom of expression are only relevant in practice together with freedom of assembly and demonstration. Consequently, the reason of opposing law no. 2911 in the course of students' demonstrations does not reflect the truth. In fact, the entire number of trials opened against students on the grounds of demonstrations resulted in acquittals until today, the report indicated.
It is mentioned that the related court decisions clearly stated that the students' actions "were to be evaluated within the scope of freedom of expression". However, the report criticizes that the students still become victims since they are being kept in prison throughout the entire trial procedures.
The prosecution of students under the TMK provides an environment for disinformation regarding the students' alleged "membership of an illegal organization". Even the mere demand for "free education" can constitute a reason for a prosecution before a special authority high criminal court, the report states.
Today (6 October), Ferhat Tüzer, sophomore student at the Thrace University Mechanical Department, and Berna Yılmaz, fourth-year student at the Ankara University Faculty of Languages, History and Geography, will appear at court for their fourth hearing on the grounds of their demand for "free education". Both 22-year-old students have been detained for 17 months.
They stand accused of "membership of an illegal organization" because they posted a banner reading "We want free education and we will get it" during the speech of Prime Minister Recep Tayyip Erdoğan on 14 March 2010. (AS/VK)
* TCK 220- (1) Anyone who establishes or directs organizations for the purpose of criminal activity shall be sentenced to imprisonment of from two to six years provided that the structure of the organization, the number of members, and the quantity of equipment and supplies are sufficient to commit the intended crimes.
* TCK 314 - (1) Any person(s) who forms organized criminal groups to commit the offenses listed in fourth and fifth sections of this chapter, and commands these groups, is punished with imprisonment from ten years to fifteen years.
(2) Those who enlist to the organized criminal group defined in the firs subsection is sentenced to imprisonment from five years to ten years.
(3) Other provisions relating to the offense committed by forming organized criminal groups are applied exactly the same for this offense.
*TCK 265 - (1) If two or more persons make a deal to commit any one of the offenses listed in fourth and fifth sections of this chapter by using suitable means, the offenders are sentenced to imprisonment from three years up to twelve years, depending on the quality of offense.
TMK 7/2 - Those who assist members of organizations constituted in the manner described above or make propaganda in connection with such organizations shall be punished with imprisonment of between 1 and 5 years and with a fine of between 50 million and 100 million Turkish liras, even if their offence constitutes a separate crime.
