A Decision of Disgrace

For criticising isolation in prisons the judiciary punished a human rights defender with imprisonment.

Former Human Rights Foundation (İHD) Istanbul manager Leman Yurtsever was convicted in the case on insult opened by Ali Suat Ertosun. Ertosun was Prisons and Arrest Stations General Director in 2000 when the police violently ended the "death fasts" of hundreds of political prisoners, called the "return to life" operation. The Prisoners had protested against a transfer from large wardens to F-type cells with only 3 or 4 prisoners.

On 2 November Judge Mehmet Tuğrul Türksoy from the Ankara 27th Criminal Court of First Instance decreed for a prison sentence of 3 months and 15 days, reasoning that because of "severe wilful intent" the punishment exceeds the minimum limit of 3 months.

Yurtsever was tried because he sent a "Human Rights Disgrace Certificate" to Ertosun in 2003. He told bianet, "I think the decision is wrong and I will file an appeal".

Former İHD officials Kiraz Biçici, Doğan Genç, Eren Keskin, Gülseren Yoleri and Oya Ersoy were also tried and sentenced on the grounds of the same protest action. However, their prison sentences were commuted to a fine of 1963 Turkish Lira (€ 900).

Ertosun on the forefront of judiciary

During the "return to life" operation on 19 December 2000 28 prisoners and 2 soldiers were killed in 28 prisons. Turkey was harshly criticised by international rights organizations for serious rights violations. Nevertheless, officials of the time were not prosecuted on grounds of the operation. Ertosun was promoted later on and became a member of the Supreme Court. In 2004 he was awarded the Medal for Excellent State Service. After this he was appointed to the Supreme Council of Judges and Prosecutors (HSYK).

Ertosun's name came up on the agenda in the context of this year's judges and prosecutors appointments when he proposed to depose prosecutors and judges concerned with the Ergenekon investigation from duty. When the process was blocked because the government was against this proposal, photos of Ertosun meeting with Ergenekon defendants appeared in the news meanwhile. Ertosun defended himself in a press conference and also expressed his affirmation about the "return to life" operation.

Yurtsever reacts

In the case against Yurtsever the court applied the old version of the Turkish Criminal Code (TCK) in favour of the defendant. The new TCK enforced in 2005 foresees prison sentence of at least 1 year for insulting a public official. Even though the court increased Yurtsever's punishment because "he wilfully intended the insult", the sentence was suspended since the court anticipated that the defendant would "hesitate to commit another criminal offence". Yurtsever is going to pay a fine of TL 400 (€ 180).

Yurtsever had been arrested in March in Diyarbakır when he came to vote for the local elections. Yurtsever said, "I got to know then that a warrant of arrest was issued for me".

"I filed a case for compensation because my arrest was unjust. The case is adjourned to March 2010. While I am waiting for compensation I received a prison sentence".

Yurtsever continues, "The document I sent to Ertosun was a protest. I made use of my right of criticism. The fact that the protestor is punished shows once more who is protected by the Turkish law". (BÇ/VK)