Büyükada trial: Prosecutor’s office demands reversal of 3 prison sentences

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In the trial over their attendance to a meeting on "digital security for the protection of human rights defenders" in İstanbul's Büyükada, the Chief Public Prosecutor's Office of the Court of Cassation has demanded that the prison sentences of Özlem Dalkıran, İdil Eser and Günal Kurşun for "aiding a terrorist organization" be overturned and that of Taner Kılıç be upheld.

At the final hearing of 'Büyükada trial' on July 3, 2020, the İstanbul 35th Heavy Penal Court ruled that Taner Kılıç, the former Amnesty International Representative to Turkey, should be sentenced to 6 years, 3 months in prison on charge of "being a member of a terrorist organization"; Günal Kurşun, İdil Eser and Özlem Dalkıran should be sentenced to 1 year, 13 months in prison on charge of "aiding a terrorist organization"; and Nalan Erkem, İlknur Üstün, Ali Gharavi, Peter Steudtner, Veli Acu, Nejat Taştan and Şeyhmus Özbekli should be acquitted of the offenses charged.

'No sufficient evidence'

As reported by Kemal Göktaş from Kısa Dalga, Mustafa Kurtuluş Deprem, the Prosecutor of the Court of Cassation, prepared a letter of notification after an appeal was lodged against the court ruling.

The prosecutor's letter of notification has demanded the reversal of the prison sentences given to Özlem Dalkıran, İdil Eser and Günal Kurşun in Büyükada case on the grounds that there is no sufficient and credible evidence proving that they aided the organization.

It has noted that "a ruling was given with deficient examination and research without considering the need to support this point with sufficient and credible evidence so that it could be accepted that they knowingly and willingly aided the organization without being a part of its hierarchy."

Prosecutor Deprem has further demanded that the prison sentence given to Taner Kılıç be upheld by the Court of Cassation.

The letter of notification prepared by the Chief Public Prosecutor's Office has been sent to the 16th Penal Chamber of the Court of Cassation.

What happened?

On July 5, 10 rights advocates from various rights organizations were taken into custody during a training workshop with the topic "Protection and digital security of human rights advocates" in Büyükada, one of the Prince Islands in İstanbul. Nothing was heard from detained rights defenders for 30 hours.

On July 18, Idil Eser (Amnesty International Turkey Director), Özlem Dalkıran (Citizens' Assembly / formerly called Helsinki Citizens Association), Günal Kurşun (Human Rights Agenda Association), Veli Acu (Human Rights Agenda Association), Ali Garawi (citizen of Sweden / human rights trainer), and Peter Steudtner (citizen of Germany / human rights trainer) were arrested on charges of "committing crimes on behalf of the terrorist organization without being a member" (Article 220/6 of Turkish Penal Code/TCK ) and "being a member of an armed terrorist organization" (Articles 314/2 and 314/3 of TCK).

On July 23, İlknur Üstün (Women's Coalition) and Nalan Erkem (Citizens' Assembly / formerly called Helsinki Citizens Association), who were released on probation with an international travel ban, were arrested upon the prosecutor's objection to their release.

Amnesty International Turkey Executive Board Chair Taner Kılıç, who had been in pre-trial detention since June 2017 in another case, was included in the bill of indictment of Büyükada lawsuit later as a suspect.

According to the bill of indictment prepared by Public Prosecutor Can Tuncay, the rights defenders are claimed to be members of the Fethullahist Terrorist Organization/Parallel State Organization (FETÖ/PDY), Kurdistan Workers' Party/Kurdistan Communities Union (PKK/KCK) and The Revolutionary People's Liberation Party/Front (DHKP/C).

On October 25, the court ruled that Günal Kurşun, İlknur Üstün, İdil Eser, Nalan Erkem, Peter Steudtner, Özlem Dalkıran, Ali Garawi and Veli Acu be released. In addition, an international travel ban was imposed on Özlem Dalkıran and Veli Acu, and the probation order for Şeyhmus Özbekli and Nejat Taştan that was issued on July 25, was revoked.

The file of Kılıç, who stood trial in a separate case held before İzmir 16 Assize Court on charge of "financing terrorism and spying" and was later included in the indictment of Büyükada lawsuit as a suspect, was combined with the main Büyükada Case.

Taner Kılıç was released on August 15, 2018. Kılıç faced 7.5 years to 15 years in prison.

The final hearing of the case was held on July 3, 2020. Kılıç was sentenced to 6 years, 3 months and Günal Kuşun, İdil Eser and Özlem Dalkıran to 1 year, 13 months in prison.

(EKN/SD)