Prof. Korur-Fincancı: Overturn of acquittal intended to punish us

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Reporters Without Borders (RSF) Turkey Representative Erol Önderoğlu, Turkish Medical Association (TTB) Chair Şebnem Korur-Fincancı and their attorney Özcan Kılıç have spoken to bianet after an appeals court overturned the verdict of acquittal against them and writer Ahmet Nesin in the Özgür Gündem newspaper case.

Fifty-six people stood trial for "terrorist propaganda" after symbolically acting as the editor-in-chief of Özgür Gündem, which was shut down by a statutory decree in 2016, as part of a solidarity campaign.

While Korur-Fincancı, Önderoğlu and Nesin were acquitted in the case in July 2019, an appeals court has overturned the verdict on procedural grounds due to "inadequate examination."

Korur-Fincancı: We were expecting this verdict

Saying that this was "the best time" to overturn the decision, Korur-Fincancı pointed out that "attacks on her" had increased since her election as the TTB Chair on October 2.

She recalled that President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan had said that "a terrorist became the chair of the TTB" and the Nationalist Movement Party (MHP) Chair Devlet Bahçeli had called for the closure of the association.

Those statements indicated that "they would do their best with regards to this issue," said Korur-Fincancı.

"They only had this file at the focus of these attacks and targeting [me]," she said, noting that the verdict of acquittal had been a pending appeal for a long time.

"As we know, such trial practices, which are put forward when needed, and their consequences, are a stance towards punishment," she remarked.

They were expecting the acquittal to be overturned, she added. "[They] want a sentence for us. This is very clear. Although the appeals court decision says 'procedure,' it ultimately defined our actions as a crime in its own terms. Therefore, the trial by the first instance court in these circumstances will not be an independent trial."

With this trial, it is also aimed to make the attacks against the TTB more effective, according to Korur-Fincancı.

Önderoğlu: I have difficulty understanding this

Saying that the court board "unanimously embraced an incoherence," Önderoğlu remarked, "This stance, which I can only explain with a political approach and causes grave contradictions within the judiciary, puts several colleagues in a vortex of joy-disappointment, self-censorship and harassment every week. The allergy to freedom of expression of those who talk about reform is endless."

Kılıç: A totally political decision

Attorney Kılıç said that "The court of appeal is not in a situation to conclude this case in such a short time" and also pointed out the timing of the verdict.

The verdict that came after "a political lynch against professor Şebnem and the TTB" was "totally a political one," he said.

He said that the decision of the appeals court "paved the way for a political trial" and put pressure on the lower court by ruling that it did an inadequate examination.

Özgür Gündem Trials

The Editors-in-Chief on Watch campaign of Özgür Gündem daily began on May 3, 2016, and ended on August 7, 2016. The newspaper was closed by the Statutory Decree No. 675 issued under the State of Emergency.

Investigations were filed against 49 of 56 editors-in-chief on watch, 11 of them have ended in verdicts of non-prosecution and 38 files have turned into lawsuits.

Relying on the Articles 7(2) and 6(2) of the Anti-Terror Law No. 3713, the 38 Editors-in-Chief on Watch stood trial on the charge of "propagandizing for a terrorist organization" and for "publishing and spreading statements of terrorist organizations.

Cases in which court ruled no prosecution

İhsan Eliaçık, Sebahat Tuncel, Ahmet Abakay, Eşber Yağmurdereli, Hasip Kaplan, Işın Eliçin, Kemal Can, Mustafa Sönmez, Melda Onur, Uğur Karadaş, Nurcan Baysal.

1 of 38 cases dropped

Lawsuits were filed against 38 people, one of them has dropped. That is, as the charges brought against Deniz Türkali violated statutory limitations, they have been dropped.

188 months, 15 days in prison and 67 thousand TRY fine

In the trial of Editors-in-Chief on Watch, the court has announced its ruling on 34 people, namely: Şanar Yurdatapan, İbrahim Bodur, Cengiz Baysoy, Hüseyin Tahmaz, Çilem Küçükkeleş, Nadire Mater, Yıldırım Türker, Hasan Cemal, Faruk Balıkçı, Dicle Anter, Derya Okatan, Kumru Başer, Ayşe Batumlu, Jülide Kural, Murat Uyurkulak, Murat Çelikkan, Beyza Üstün, Nevin Erdemir, Hakkı Boltan, Hasan Hayri Şanlı, Tuğrul Eryılmaz, Hüseyin Aykol, Ayşe Düzkan, Ragıp Duran, Öncü Akgül, İhsan Çaralan, Ertuğrul Mavioğlu, Celal Başlangıç, Celalettin Can, Fehim Işık and Faruk Eren.

7 acquittals

The court has given a ruling of acquittal for the following 7 people: Erol Önderoğlu, Şebnem Korur Fincancı, Ahmet Nesin, Hasan Hayri Şanlı, Nevin Erdemir, Hüseyin Tahmaz and Hakkı Boltan.

27 people sentenced to 293 months, 15 days in total

27 people have been sentenced to 67 thousand TRY and 293 months and 15 days.

Murat Çelikkan, whose prison term was not deferred, entered Kırklareli Prison on August 14, 2017, was transferred to open prison on October 14, 2017, and released on October 21, 2017.
Ayşe Düzkan, the editor-in-chief on watch whose prison term was not deferred, was imprisoned on January 29, 2019, as the Court of Appeal upheld her prison sentence. Taken to Bakırköy Women's Prison, Düzkan was released on June 12.
Özgür Gündem Editor-in-Chief Hüseyin Aykol was arrested on July 12, 2019, as he was convicted and sentenced to 3 years, 9 months in prison. Aykol was released on October 25, 2019.
Editors-in-Chief on Watch Erol Önderoğlu, Ahmet Nesin and Şebnem Korur Fincancı were arrested on June 20, 2016. They were released 10 days later.

Cases of 3 people still continue

Can Dündar, Said Sefa and Veysi Alta

Kızılkaya's cases

Özgür Gündem Managing Editor İnan Kızılkaya is a defendant in all 38 cases. His case was separated from the others in the trials together with the other Editors-in-Chief on Watch. İstanbul 23rd Heavy Criminal Court is combining Kızılkaya's case with the main trial.

Lawsuits against 9 columnists

Lawsuits were filed against the columnists of the newspaper Ömer Ağın, İmam Canpolat, İlham Bakır, Mehmet Şirin Taşdemir, Veysel Kemer, Yüksel Oğuz, Dilşah Kocakaya, Mehmet Ali Çelebi and Hüseyin Bektaş.

Dilşah Kocakaya, İmam Canpolat and İlham Bakır were sentenced to 15 months in prison each. While the prison term of Bakır has been deferred, those of Canpolat and Kocakaya have not been. Mehmet Ali Çelebi and Hüseyin Bektaş have been each sentenced to 1 year, 6 months in prison. The prison sentences have not been deferred.

Özgür Gündem main trial

In the main trial, Özgür Gündem Consultant Board members Necmiye Alpay, Aslı Erdoğan, Ragıp Zarakolu, Filiz Koçali, Eren Keskin, Editors-in-Chief Zana Kaya, İnan Kızılkaya, Kemal Sancılı and Bilge Oykut are standing trial.

In the hearing of the main trial held on April 10, 2019, the board of the İstanbul 23rd Heavy Penal Court ruled that Kemal Sancılı, the Grant Holder of the newspaper, should be released as he was convicted and sentenced to prison in another trial heard by the İstanbul 13th Heavy Penal Court. Sancılı is still behind bars.

Moreover, while Eren Keskin is standing trial in 47 cases as the former permanent Editor-in Chief of Özgür Gündem, Hüseyin Aykol is standing trial in 38 cases as the former permanent Editor-in-Chief of the newspaper.

(HA/VK)

ÖZGÜR GÜNDEM NEWSPAPER TRIALS