‘Criminal liability’ report on Kurdish politician, ill prisoner Aysel Tuğluk

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The Forensic Medicine Institution has prepared a report regarding ill prisoner and former Vice Co-Chair of the Peoples' Democratic Party (HDP) Aysel Tuğluk, who has been diagnosed with dementia.

The report dated February 4 and submitted to the Ankara 22nd High Criminal Court, where Tuğluk is standing trial, has listed the offenses charged against the jailed Kurdish politician in the Kobanî trial and said:

"No medical finding or document has been obtained to suggest that she had a mental defect of a nature or to the extent that it would affect her criminal liability in the period falling within the time frame of the crime..."

Accordingly, the forensic medical report has concluded that ill prisoner Aysel Tuğluk "has full criminal liability".

The 25-page report prepared by the Forensic Medicine Institution Observation Specialization Department has noted that "mild cognitive impairment has been diagnosed". However, it has not expressed any opinion as to whether Aysel Tuğluk is in a state to stay in prison.

Arrested in the Kocaeli Kandıra Type F Prison since 2016, Aysel Tuğluk was held under observation at the Forensic Medicine Institution from February 1 to 4, according to the report. While Tuğluk's remarks about her dysmnesia are also cited in the report, it is noted that Tuğluk has a risk of falling if she is not held inside the room in prison, adding that she indeed fell 2-3 times. The report has also referred to the findings of the previous reports issued by the Kocaeli State Hospital and the Forensic Medicine Institution.

'They are committing a crime'

The 1000 Women for Freedom to Aysel Tuğluk campaign group has denounced the report, underlining that the Forensic Medicine Institution is "committing a crime" by not taking the reports of "She cannot stay in prison" prepared by authorized medical institutions into consideration.

The Lawyers for Democracy (DİH) has also made a statement on its Twitter account and described the report as "superficial":

"According to the Forensic Medicine Institution report, the court asked the Institution whether Aysel Tuğluk had criminal liability when the act was committed and whether Aysel Tuğluk can make defense as of today; it referred her to the Institıtion accordingly.

"The court did not direct any questions or requests to the Institution as to whether Aysel Tuğluk's health condition allows for her imprisonment or what effects her imprisonment will have on her health condition.

"Despite the request, the Forensic Medicine Institution has not handed a decision as to whether Tuğluk can make her defense.

"In the Forensic Medical Institution's report, there are also medical assessments and findings apart from the decision. The Institution has diagnosed her with 'mild cognitive impairment'. In order for an individual to make defense, one shall have an overall cognitive state and will.

"The medical assessments and findings in the report show that it would not be suitable for Aysel Tuğluk to stay in prison on the grounds of her health condition. The execution of her sentence must be halted due to these medical findings and she must be released immediately."

What happened?

On December 29, 2016, when she was the Vice Co-Chair of the Peoples' Democratic Party (HDP), Kurdish politician Aysel Tuğluk was arrested along with seven other politicians from the Democratic Regions Party (DBP) and the Democratic Society Congress (DTK).

The indictment filed against Tuğluk, who was the DTK Co-Chair till September 2014, brought her statements to the press as well as the funerals that she attended as criminal evidence against the politician.

On March 16, 2018, the Ankara 17th Heavy Penal Court sentenced Aysel Tuğluk to 8 years in prison as per the Anti-Terror Law (TMK) no. 3713. Increasing this prison term by half, the court then gave a 12-years prison sentence to the politician. Lastly, it has decreased this prison sentence by one sixth and ruled that she shall be sentenced to 10 years in prison.

As Aysel Tuğluk's appeal to the Ankara Regional Court of Justice was rejected, her file was sent to the Court of Cassation.

Her mother's funeral

Aysel Tuğluk's mother Hatun Tuğluk lost her life in 2017. Upon her last will, her deceased body was brought to the İncek Cemetery in Ankara. Aysel Tuğluk left prison by permission and her mother was laid to rest; shortly afterwards, a group of 5-6 people gathered to protest the funeral.

The ones who attended the funeral said that this number gradually increased and they tried to attack the grave.

As the attacks continued, the deceased body of Hatun Tuğluk had to be removed from the ground and laid to rest somewhere else. One of the people who attacked the funeral turned out to have a picture with Interior Minister Süleyman Soylu at the police station.

Health problems

Aysel Tuğluk's elder brother Alaattin Tuğluk said that his sister had a memory loss after their mother's passing:

My sister didn't look fine. She asks the same question 3-4 times. She doesn't remember some things. For instance, when she wants to ask about someone from the family, she says, 'Who was that, who?' They are close people, it is impossible for her to not know them. I am concerned that this will come to an irreversible point and that we will lose my sister... I want treatment before it is too late. Let another committee examine her and give a decision accordingly. She is given 1-2 medications now. It is not enough. She will go [to jail] after her treatment ends.

About Aysel Tuğluk

Politician.

She was the founding member and Co-Chair of the Democratic Society Party (DTP) and elected Diyarbakır MP in 2007-2009. She became the Van MP of the Peoples' Democratic Party (HDP) in 2011-2015. She served as the Vice Co-Chair of the HDP responsible for Law and Human Rights.

Aysel Tuğluk was also a member of the Society and Law Studies Foundation Executive Board, a member of the Human Rights Association (İHD) and the founder of the Patriotic Women's Association.

Born in Elazığ in 1965, she graduated from the Faculty of Law of İstanbul University and worked as a self-employed lawyer. (TP/SD)