Writer Başkaya Faces up to 7,5 Years in Prison

Explaining his opinion as to the accusations, the prosecutor has requested Başkaya be penalized according to Article 7/2 of the Anti-Terror Law and a criminal complaint be filed against him for "publicly degrading the Republic of Turkey."

Ayça Söylemez

Writer Başkaya Faces up to 7,5 Years in Prison

Click to read the article in Turkish / Kurdish

The prosecutor has stated his opinion as to the accusations today (September 10) in the case where writer Fikret Başkaya has been on trial at Ankara 21st Heavy Penal Court for an article he wrote three years ago. At the second hearing of the case where he was tried in the Assize Court, the prosecutor gave his opinion.

The prosecutor requested that Başkaya be penalized for "propagandizing for a terrorist organization" upon Article 7/2 of the Anti-Terror Law.

The relevant article reads as follows: "A person who makes propaganda for an organization in a manner which would legitimize or praise the terror organization's methods including force, violence or threats or in a manner which would incite use of these methods shall be sentenced to a penalty of imprisonment for a term of one to three years. If the said crime is committed through the press or broadcasting the penalty to be given shall be increased by half."

Lawyer expects prison sentence between 1.5 and 7.5 years

Başkaya's lawyer Levent Kanat said in a statement to bianet that with the increase of the sentence, he foresees a prison term of 1.5 to 7.5 years and added:

Prosecutors and judges insist on putting freedom of thought to punishment. They do not appreciate the concept of freedom of thought in law. They only look at whether the person who expresses freedom of thought matches their subjective thoughts. "

Saying that the case was related to the political conjuncture, Kanat remarked, "Both a lawsuit being filed against this article and the request of a sentence surprised me. Therefore, it is also possible that the court will move away from the lower limit in case of a penalty."

The prosecutor also asserted that Başkaya committed the offense of "publicly degrading the Republic of Turkey" and requested the court to file a criminal complaint against Başkaya upon Article 301 of the Turkish Penal Code. He was requested to file a criminal complaint.

Turkish Penal Code Article 301

A person who publicly degrades Turkish Nation, State of the Republic of Turkey, Grand National Assembly of Turkey the Government of the Republic of Turkey and the judicial bodies of the State shall be sentenced a penalty of imprisonment for a term of six months to two years. A person who publicly degrades the military or security organizations shall be sentenced according to the provision set out in paragraph one. The expression of an opinion for the purpose of criticism does not constitute an offense.

The investigation of this offense is subject to the permission of the Minister of Justice.

Fikret Başkaya and his lawyers asked for a time to defend against the opinion on the merits.

The case will continue on November 22, 2019.

A lawsuit for terrorist propaganda was filed against Başkaya after his article titled "The Real Terror is State Terror," which was published on ozguruniversite.org on November 7, 2016, and the photographs and column articles found in the search of his house were presented as evidence.

About Fikret Başkaya

Başkaya was born in 1940 in Denizli province. He graduated from the departments of finance and economy in the Faculty of Political Sciences at Ankara University. He completed his doctorate studies at universities of Paris and Poitiers. He did a lot of studies on underdevelopment, imperialism and problems in the transition from capitalism to socialism.

After he returned to Turkey, he was exiled to Oltu, Erzurum being considered "unfavorable private" from Officer Candidate School where he was doing his mandatory military service. He worked as a researcher at various institutions after his military service ended. He gave economy lectures at Social Services Academy for a while.
He was sentenced to 20 months in prison on the charge of opposing to Law on Anti-Terror due to his book called "Paradigmanın İflası" as he was an academic member in the Faculty of Economics at Abant İzzet Baysal University. He did time in Haymana Closed Prison.

In 2004, Başkaya faced up to 3 years in prison on the charge of "insulting legal personality of the state" due to his articles he included in his book called "Akıntıya Karşı Yazılar" (Articles Against the Current". Ankara 2nd Criminal Court of First Instance ordered his acquittal ruling that Başkaya "remained within the limits of criticism" in 2005.

In 2006, the Ministry of Culture and Tourism included Başkaya's book "Paradigmanın İflası" in its audiobook project.

Başkaya has been giving lectures at Özgür Üniversite (Free University), which he founded, since 2007.

(AS/VK)

Fikret Başkaya

Ayça Söylemez

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Boğaziçi Üniversitesi Felsefe Bölümü mezunu. Mimar Sinan Güzel Sanatlar Üniversitesi Sosyoloji bölümünde yüksek lisans yaptı. Marmara Üniversitesi İletişim Bilimleri’nde doktora yapıyor. Vatan, Akşam, HaberTürk ve Hürriyet gazetelerinin yazıişleri ve dış haberler bölümünde çalıştı. Güncel Hukuk dergisinde yazıları yayınlandı. BirGün’de Anonim adlı köşeyi yazıyor. 2011’den bu yana bianet’te İnsan Hakları Editörü.