Academic M.A. has been sentenced to 2 years, 1 month in prison for “knowingly and willingly aiding a terrorist organization as a non-member.” Neither the announcement of the verdict nor the sentence has been deferred due to “absence of legal possibility.”
Trial of academics, who have been charged with "propagandizing for a terrorist organization" for having signed the declaration entitled "We will not be a party to this crime" prepared by the Academics for Peace, continued in İstanbul Çağlayan Courthouse today (January 16).
Eight academics had their hearings at three separate courts:
At the İstanbul 35th Heavy Penal Court: Assoc. Prof. Dr. Metin Altıok from Mersin University; Prof. Dr. Murat Kızıl, Prof. Dr. Emine Meşe and Research Assistant Hümeyra Yılmaz from Dicle University; and Research Assistant Melek Zorlu from Munzur University had their first hearings.
At the İstanbul 23rd Heavy Penal Court: Assoc. Prof. Dr. Meltem Toksözfrom Boğaziçi University had her third hearing.
At the İstanbul 25th Heavy Penal Court: Dr. M.A. from İstanbul Bilgi University had the third hearing.
Academic sentenced to 2 years, 1 month in prison
Having her third hearing, academic M.A. has been sentenced to 2 years and 1 month in prison on charge of "knowingly and willingly aiding a terrorist organization as a non-member" as per the Articles 314/2 and 220/7 of the Turkish Penal Code (TCK) and Article 5/1 of the Anti-Terror Law (TMK).
Neither the pronouncement of the verdict nor the sentence has been suspended on the ground that "there is no legal possibility."
Turkish Penal Code (TCK) Article 220/7
Any person who aids and abets an organisation knowingly and willingly, although he does not belong to the structure of that organisation, shall also be sentenced for the offence of being a member of that organisation. The sentence to be imposed for being a member of that organization may be decreased by one-third according to the assistance provided.
TCK 314/2
Any person who becomes a member of the organisation defined in paragraph one shall be sentenced to a penalty of imprisonment for a term of five to ten years.
Anti-Terror Law (TMK) Article 5/1
Penalties of imprisonment and fines imposed according to the respective laws for those committing crimes as described in Articles 3 and 4 above shall be increased by one half.
In all of the trials of academics heard by the İstanbul 25th Heavy Penal Court, the court board referred to the related articles and demanded additional defense from the defendants.
Also, in all opinions as to the accusations announced by the prosecutor of the court, it was demanded that academics be penalized for "propagandizing for a terrorist organization" as per the Article 7/2 of the TMK.
The court board, which has for the first time announced a verdict in the trial of an academic, has given a prison sentence to the academic, from whom it demanded an additional defense. One member of the board expressed dissenting opinion as to the verdict, stating that "the defendant should have been penalized as per the Article 7/2 of the Anti-Terror Law."
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 January 16, 2019, 450 academics had stood trial since December 5, 2017. 76 of these academics were sentenced to 1 year and 3 months in prison; 3 academics to 1 year and 6 months in prison; one academic to 2 years and 3 months in prison; one academic has been sentenced to 2 years and 6 months in prison; one academic has been sentenced to 2 years and 1 month in prison.
The ones who did not request suspension of announcement of verdict
Until today, nine academics have not accepted that the announcement of their verdicts be suspended. While six of these academics have been sentenced to 1 year and 3 months in prison, three academics have been sentenced to 1 year and 6 months in prison and one academic has been sentenced to 2 years and 3 months in prison.
* Prof. Dr. Büşra Ersanlı - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. While the sentence has been reduced, the announcement of the verdict has not been deferred.
* Prof. Dr. Zübeyde Füsun Üstünel - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. The sentence has been reduced. The announcement of the verdict has not been deferred.
* Prof. Dr. Ayşe Erzan - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. The sentence has been reduced, the announcement of the verdict has not been suspended.
* Prof. Dr. Nesrin Sungur Çakmak - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. The sentence has been reduced, the pronouncement of the verdict has not been suspended.
* Prof. Dr. Özdemir Aktan - 1 year, 3 months in prison. While the sentence has been reduced, the pronouncement of the verdict has not been deferred.
* Lecturer Aslı Takanay - The verdict has not been pronounced.
* Assoc. Prof. Dr. Esra Arsan - The verdict has not been pronounced.
* Prof. Dr. Gülhan Türkay - 1 year, 3 months in prison. While the prison sentenced has been reduced, the pronouncement of the verdict has not been suspended.
* Dr. Lecturer Lütfiye Bozdağ - 1 year, 6 months in prison. Her prison sentence has not been reduced. The announcement of the verdict has not been deferred.
* Prof. Dr. Şebnem Korur Fincancı - 2 years, 6 months in prison. Korur Fincancı stated that she did not accept the suspension of the announcement of the verdict. Her sentence has not been suspended or reduced.
The ones whose statements were not taken
* Research Assistant Onur Baysal - At the 28th Heavy Penal Court - 1 year, 3 months in prison. The court deferred his sentence without demanding his statement about it.
* Dr. Yonca Güneş Yücel - At the 28th Heavy Penal Court - 1 year, 6 months in prison. It was claimed that the academic accepted the suspension of the announcement of the verdict though her statement was not taken. The verdict has been deferred on the condition of 2-year probation.
* Prof. Dr. Gençay Gürsoy - At the 37th Heavy Penal Court - His statement as to the suspension of the pronouncement of the verdict was never taken. He has been sentenced to 2 years and 3 months in prison.
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 above-mentioned 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."
(TP/SD)
Source: https://bianet.org/english/freedom-of-expression/204506-academic-sentenc...