Court rules for reinstatement of five Academics for Peace

One of the academics has been reinstated while the other four are also expected to return to their positions.

İstanbul

Court rules for reinstatement of five Academics for Peace

"We will take our usurped right back" (Photo: Academics for Peace/Twitter)

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An administrative court in Ankara has ruled for the reinstatement of five "Academics for Peace" in two separate decisions.

More than 2,200 academics, later to be known as the Academics for Peace, were dismissed from their positions after signing a declaration criticizing the government over human rights violations during the 2015-2016 conflict in the country's Kurdish majority regions.

The academics were separately put on trial for "terror propaganda." After hundreds of them were sentenced, the Constitutional Court in July 2019 found that the convictions violated their freedom of expression.

Despite the supreme court decision, many of the academics have not yet been reinstated.

An Ankara 21st Administrative Court judgment paves the way for the reinstatement of the academics Funda Şenol Cantek, Tezcan Durna, Nail Dertli ve Can Irmak Özinanır, the No. 5 Universities Branch of the Eğitim Sen teachers' union announced today (March 13).

Previously, the State of Emergency Commission had rejected the academics' application for reinstatement. Hundreds of academics had been dismissed by statutory decrees issued during the state of emergency declared after the July 2016 coup attempt.

Prof. Zerrin Kurtoğlu was reinstated in his position at Ege University Department of Philosophy following a decision by the same court, the İzmir branch of the union announced on March 10.

About the Trials of Academics

On January 10, 2016, 1,128 academics published a declaration entitled "We will not be party to this crime" on behalf of the Academics for Peace initiative.

With the participation of further academics, the number of academics who have signed the declaration has reached 2,212.

With the indictment issued by the Prosecutor İsmet Bozkurt, lawsuits were filed against the academics on charge of "propagandizing for a terrorist organization" as per the Article No. 7/2 of the Anti-Terror Law No. 3713.

As of October 30, 2019, 806 academics had stood trial since December 5, 2017, all the 204 academics whose cases were concluded were sentenced to prison. 146 of these academics were sentenced to 1 year and 3 months in prison; 8 academics to 1 year and 6 months in prison; 18 academics to 1 year, 10 months and 15 days in prison; 17 academics to 2 years and 3 months in prison; 7 academics to 2 years and 6 months in prison; 5 academics to 2 years and 1 month in prison; and one academic to 3 years in prison.

Non-deferred prison sentences for 36 people

Of these 204 people, the verdicts of conviction of 36 academics in total were not deferred; while the verdicts of 29 people were not deferred as their prison terms are over 2 years (as per the Article 286 of the Law on Criminal Courts), the verdicts of 7 academics were not deferred as they did not accept the deferment of the announcement of their verdicts.

With her 15-month prison sentence upheld by the court of appeal, Academic for Peace Prof. Dr. Füsun Üstel was arrested on May 8, 2019 to be released on July 22.

Constitutional Court said "violation of right"

The General Assembly of the Constitutional Court examined the individual applications of 10 Academics for Peace sentenced to prison on charge of "propagandizing for a terrorist organization" for having signed the peace declaration.

On July 26, 2019, the Court ruled that the penalization of Academics for Peace on charge of "terror propaganda" has violated their freedom of expression.

The Court decided that a copy of this judgement shall be sent to all local courts in order to eliminate this right's violation and advised for retrial. The court also ruled to pay each applicant 9 thousand TRY in reparations.

Acquittals

After the new judicial year opened on September 2, the first verdict of acquittal for an Academic for Peace in accordance with the Constitutional Court ruling was given by the İstanbul 30th Heavy Penal Court on September 6. Since then, 27 courts have given verdicts of acquittal for Academics for Peace.

Constitutional Court ruling and its consequences

The ruling of the Constitutional Court stipulates that the local courts shall hold re-trials and give verdicts of acquittal in ongoing cases and for finalized sentences and the courts of appeal shall reverse the judgements in question.

The State of Emergency Commission, which has not yet given its decision regarding the applications of discharged academics, shall also take the Constitutional Court ruling into account. However, it can still give contrary rulings.

In the event that the Commission gives a decision against the academics, they will have the right to appeal to the Council of State. Though the Constitutional Court ruling is binding for the Council of State, any possible failure to withdraw the decisions of discharge will also be examined by the Constitutional Court.

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(TY/VK)