Academic Akyüz has been sentenced to 2 years, 6 months in prison for “knowingly and willingly aiding a terrorist organization as a non-member.” The court has not reduced the sentence “on the grounds of his attitude and behavior during the hearing.”
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 yesterday (February 7).
Nine academics had their hearings at four different courts:
At the İstanbul 25th Heavy Penal Court: Dr. Lecturer Alper Akyüz from İstanbul Bilgi University had his final hearing.
At the İstanbul 35th Heavy Penal Court: Dr. Lecturer Özge Ejder Johnsonfrom Mimar Sinan University of Fine Arts (MSGSÜ), PhD student Elif Sandal Önal, Lecturer Onur Ceritoğlu and Dr. Lecturer Murat Dağlı from İstanbul Bilgi University had their second hearing.
At the İstanbul 36th Heavy Penal Court: Prof. Dr. İzge Günal and Prof. Dr. Halil Resmi from Dokuz Eylül University and Prof. Dr. Cengiz Erçin from Kocaeli University had their first hearing.
At the İstanbul 37th Heavy Penal Court: Prof. Dr. Huri Özdoğan from İstanbul University had her final hearing.
One academic sentenced to 2 years, 6 months
In his final hearing, academic Alper Akyüz has been sentenced to 2 years and 6 months 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).
The court board has not made any reductions in the prison sentence of Akyüz "on the ground of his attitude and behavior during the hearing." In its justification, the court board has further stated that "while making his defense, the defendant used statements that were insulting for the court board and were not related to his defense."
One of the judges member to the court board has reported a minute of dissent, stating that "I am against this verdict since I am of the opinion that the defendant should have been penalized as per the Article 7/2 of the TMK."
Since the prison sentence is over 2 years, the pronouncement of the verdict has not been deferred. The final judgement on the prison sentence will be given by the court of appeal. It will either uphold or reverse the verdict.
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 trial of academics heard at the İstanbul 25th Heavy Penal Court, the court board demanded an additional defense from the defendants by referring to the related laws. In all of the cases held before, the prosecutor of the court demanded that the academics be penalized as per the Article 7/2 of the TMK. In its first verdict dated January 16, 2019, the court sentencedone academic to 2 years and 1 month in prison.
Judge announced prison sentence in laughter
At the İstanbul 37th Heavy Penal Court, Huri Özdoğan has been sentenced to 1 year and 3 months in prison on charge of "propagandizing for a terrorist organization." The announcement of the verdict has been suspended.
The presiding judge announced the prison sentence in laughter and said, "We gave a different ruling, it is not a prison sentence, the pronouncement of the verdict has been suspended."
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 February 7, 2019, 472 academics had stood trial since December 5, 2017, all the 96 academics whose cases were concluded have been sentenced to prison. 87 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; two academics have been sentenced to 2 years and 6 months in prison; one academic has 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, 11 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 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."
(TP/HA/SD)
Source: https://bianet.org/english/freedom-of-expression/205291-1-academic-sente...