25-Month Prison Sentence for One Academic, Arrest Warrant for Another

Yazar / Referans: 
Hikmet Adal, Bianet
Tarih: 
05.03.2019

Prof. Dr. L.N. from Sabancı University has been sentenced to 25 months in prison. The announcement of the verdict has not been deferred as the sentence is longer than 24 months. In another hearing, an arrest warrant has been issued for Dr. Yalçın.

The 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 the İstanbul Courthouse today (March 5).

In the hearing that took place in the İstanbul 25th Heavy Penal Court, Prof. Dr. L.N. from Sabancı University has been sentenced to prison for 1 year, 13 months. The announcement of the verdict has not been deferred because the sentence is longer than 24 months.

Today's hearings

The hearings of eight academics was held at three courts today:

At the 25th Heavy Penal Court: Prof. Dr. L.N. from Sabancı University

At the 26th Heavy Penal Court: Dr. Lecturer Z.H. from Özyeğin University, Dr. Lecturer Eylem Özdemir from İstanbul University.

At the 37th Heavy Penal Court: Assoc. Prof. Z.U., post-graduate student Birgül Sarıoğlu, Lecturer Ahu Ersözlü, Research Associate Refet Ali Yalçın from Boğaziçi University and Dr. Esra Demir-Gürsel from Marmara University.

Prison sentence for Prof. L.N.

In the 25th Heavy Penal Court, the fourth hearing of Prof. Dr. L.N. was held. L.N. did not attend the final hearing as she/he requested exemption in the previous hearing. L.N.'s attorney Erdal Doğan was present at the hearing.

Raising the final defense, attorney Doğan said that his client is a scientist and makes efforts for all the peoples of Turkey to live together. Stating that the bill of indictment was filed upon the Anti Terror Law Article 7, the attorney said it is irregular.

Doğan said that the declaration should be considered within the scope of the freedom of expression, a right that is guaranteed by international agreements.

"It might be a critical text but propagandizing for a terrorist organization is out of question and aiding and abetting is totally impossible. When text is evaluated as a whole, there is no such meaning," the attorney asserted.

Doğan also said that his client would accept a verdict the announcement of which is deferred.

Announcing its verdict, the court sentenced L.N. to 5 years in prison for "knowingly and willingly aiding a terrorist organization although not being included in the hierarchical structure of the organization."

The court, reducing the sentence by two-thirds, ruled for a 1 year, 8 months prison. Then increased it to 1 year, 18 months because there is a terror offense, and reduced it to 1 year, 13 months.

As the sentence is longer than 24 months, the announcement of the verdict was not deferred.

Arrest warrant for Research Associate Yalçın

Research Associate Refet Ali Yalçın's second hearing was held at the 37th Heavy Penal Court. Yalçın did not attend the hearing as he is abroad. His attorney Oya Meriç Eyüboğlu was present at the hearing.

Eyüboğlu stated that her client is abroad, and it is not clear when he will return. The attorney requested either rogatory or the trial to be adjourned to summer months.

The court issued an arrest warrant for Yalçın and adjourned the hearing to July 4, 10.30 a.m.

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 March 5, 2019, 493 academics had stood trial since December 5, 2017, all the 139 academics whose cases were concluded have been sentenced to prison. 100 of these academics were sentenced to 1 year and 3 months in prison; 5 academics to 1 year and 6 months in prison; 14 academics to 1 year, 10 months and 15 days in prison; 15 academics 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, 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)

Source: http://bianet.org/english/freedom-of-expression/206126-25-month-prison-s...