TRIAL OF ACADEMICS
Court Asks Permission for Investigation Upon Article 301
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The trial of academics, who have been charged with "propagandizing for a terrorist organization" for having signed the declaration titled "We will not be a party to this crime" prepared by the academics for peace, continued in İstanbul Çağlayan Courthouse today (April 9).
The hearing of Assoc. Prof. Dr. Ahmet Gürata from Bilkent University was held at the İstanbul 24th Heavy Penal Court, and the hearing of Research Associate Esin Gülsen was held at the 26th Heavy Penal Court.
Rejection of venue verdict for Gürata
In the first session of the Gürata's case, where he and his lawyers did not attend, the court ruled for rejection of venue. Gürata's file will be sent to the Ankara Vacation Heavy Penal Court.
At the 24th Heavy Penal Court, the first session of the case of academic Esin Gülsen was held. Gülsen and his attorney Meryem Kavak Ertuğrul were present at the court hall.
Raising her defense against the bill of indictment, Gülsen said that the expressions in the mentioned text are within the limits of the freedom of expression and the text does not have a purpose of propagandizing for a terrorist organization.
Court asked permission
Gülsen also cited the verdict of a court board member who opposed the sentence given to academic Candan Badem by the 33rd Heavy Penal Court for propagandizing for a terrorist organization. Stating that the judge says the text is within the freedom of scope in his dissenting opinion, Gülsen reminded the judge's opinion that a verdict of acquittal should be given.
Gülsen said that she will accept a deferral of the announcement of the verdict.
After Gülsen raised her defense, her attorney Meryem Kavak Ertuğrul made a statement, saying that a single expression is not enough for terrorist propaganda and the text should also praise violence for it. Kavak Ertuğrul said that the text does not praise violence, on the contrary, it defends nonviolence and peace.
Repeating the demand for an immediate acquittal, she made requests as to the procedures. Kavak Ertuğrul demanded the case be combined with the first lawsuit that was opened at the 13th Heavy Penal Court. In case this demand is not accepted, she made a demand that the lawsuit be combined with the other cases at the 24th Heavy Penal Court.
Announcing its verdict after the break, the court ruled that permission for an investigation upon the Turkish Penal Code Article 301 shall be asked and the file shall be sent to the İstanbul Chief Public Prosecutor's Office for that.
The trial stopped until the necessary correspondences with the Ministry of Justice.
Article 301 of the Turkish Penal Code(1) A person who publicly degrades Turkish Nation, State of the Turkish Republic, the 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. (2) A person who publicly degrades the military or security organizations shall be sentenced (3) The expression of an opinion for the purpose of criticism does not constitute an offense. (4) The conduct of an investigation into such an offense shall be subject to the permission of the Minister of Justice. |
About the Trials of AcademicsOn 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 April 4, 2019, 579 academics had stood trial since December 5, 2017, all the 177 academics whose cases were concluded have been sentenced to prison. 128 of these academics were sentenced to 1 year and 3 months in prison; 6 academics to 1 year and 6 months in prison; 16 academics to 1 year, 10 months and 15 days in prison; 16 academics to 2 years and 3 months in prison; five academics have been sentenced to 2 years and 6 months in prison; three academics have been sentenced to 2 years and 1 month in prison; and one academic to 3 years in prison. The suspension of the pronouncement of the verdict Until today, 12 academics have not accepted that the announcement of their verdicts be deferred. While seven of these academics have been sentenced to 1 year and 3 months in prison, one academic has been sentenced to 1 year and 6 months, one academic to 2 years and 3 months, one academic to 2 years and 6 months and one academic to 3 years in prison. The verdict of one academic has not been pronounced by the court yet. The court board of the 36th Heavy Penal Court has reduced the prison sentences of academics who did not demand the suspension of the pronouncement of their verdicts and deferred their sentences on a 2-year probation. The 32nd Heavy Penal Court has made reductions in the sentences; however, it has not deferred them. The 37th Heavy Penal Court has neither reduced nor deferred the pronouncement of the verdicts. Three academics were not asked about whether they requested the suspension of the pronouncement of their verdicts. While one of these three academics has been sentenced to 1 year and 6 months in prison, one of them has been sentenced to 1 year and 3 months and the other academic to 2 year and 3 months in prison. The prison sentences of academics, the announcement of whose verdicts has not been suspended since their sentence is over two years, will be taken to the court of appeal. The court of appeal will either uphold or reverse the verdict. On March 10, 2016, the Academics for Peace made a statement for press and shared with the public what they had been going through since the declaration "We will not be a party to this crime" was published. The academics Dr. Lecturer Esra Mungan, Dr. Lecturer Muzaffer Kaya, Assoc. Prof. Dr Kıvanç Ersoy (March 15, 2016) and Dr. Lecturer Meral Camcı (March 31, 2016), who read out the statement for press, were arrested on charge of "propagandizing for a terrorist organization" as per the Article No. 7/2 of the Turkish Anti-Terror Law. They were released on April 2016. Upon the request of the Prosecutor's Office, the Ministry of Justice granted a permission of trial as per the Article No. 301 of the Turkish Penal Code No. 301 on charges of "insulting the Turkish Nation, the State of the Republic of Turkey and the institutions and organs of the government." |
(HA/VK)