Opposition politicians call for reinstatement of Peace Academics

The State of Emergency Commission has refused to reinstate the academics despite a Constitutional Court ruling.

İstanbul

Opposition politicians call for reinstatement of Peace Academics

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Two opposition politicians have stated that the Academics for Peace, who were dismissed from their post over what is known as the Peace Declaration in 2016, should be reinstated.

Main opposition Republican People's Party (CHP) Chair Kemal Kılıçdaroğlu said on Friday (November 26) that Turkey needs to "get rid of this shame."

The trials of the academics were similar to Galileo Galilei's trial by the inquisition, he said. "Today, developed countries understand how valuable different opinions are. We, on the other hand, continue to punish those who think differently. Why do we dismiss them in the 21st century?"

CLICK - Commission refuses to reinstate Academics for Peace despite Constitutional Court ruling

Democracy and Progress (DEVA) Party MP Mustafa Yeneroğlu also called for the reinstatement of the academics.

The academics are still not reinstated despite a Constitutional Court ruling, which said the academics could not be given a judicial or administrative punishment without strong reasons, he noted in a statement today (November 29).

"The unlawfulness that the academics who signed the text 'Academics for Peace' experienced and the practices that have long turned into 'civilian death' should be eliminated immediately," said Yeneroğlu.

The dismissal of the academics not only caused "severe grievances" but also harmed the scientific autonomy of the universities, he added.

Also referring to a recent report by the Human Rights Foundation of Turkey (TİHV/HRFT), Yeneroğlu said one in seven of the dismissed academics currently don't have an income-generating job.

CLICK - TİHV: 'De facto punishment of Academics for Peace continues'

After releasing a declaration criticizing the government over the 2015-2016 conflict in the country's predominantly Kurdish-populated south east, more than 2,000 academics were dismissed from their posts and put on trial for "propagandizing for a terrorist organization."

In July 2019, the Constitutional Court concluded that the academics' rights were violated.

Despite the top court judgment, administrative courts and the State of Emergency Commission, which handles applications concerning administrative decisions during the period of a state of emergency between July 2016 and June 2018, have rejected dozens of academics' applications for their reinstatement.

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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Statements of Academics for Peace

(RT/EMK/VK)