While academic Sinem Aydınlı has been given a deferred prison sentence of 1 year, 3 months, the Presiding Judge interrupted the defense of attorney Soydan, who said, “If our client came here today as a mafia leader, she would be acquitted."
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 (February 6).
Research Assistant Sinem Aydınlı from Bahçeşehir University had her third hearing at the İstanbul 37th Heavy Penal Court and Dr. Lecturer Zeki Kanayfrom Dicle University had his first hearing at the 23rd Heavy Penal Court.
Pronouncing its verdict for Aydınlı, the court has ruled that the academic shall be sentenced to 1 year and 3 months in prison on charge of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law. The announcement of the verdict has been deferred.
Intervention in defense: "Political statements"
Standing before the judge in her last hearing, academic Sinem Aydınlı presented her statement regarding the opinion as to the accusations which was announced by the Prosecutor's Office in her previous hearing. The academic rejected the charged offense and requested her acquittal.
Presenting his defense as well, attorney Ali Soydan said,
"If our client came here today as a mafia leader, she would be acquitted under the related articles of the European Convention on Human Rights (ECHR) and the Constitution. However, she is standing before you as an academic and she will be found guilty due to her social and political position. The ECHR and Constitution are not applied to ordinary citizens.
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"Judiciary must be independent. We also demand you to be independent."
Being interrupted by Presiding Judge Akın Gürlek for three times before, attorney Ali Soydan was again interrupted by the judge, who said that the attorney "was making political statements."
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 6, 2019, 469 academics had stood trial since December 5, 2017, all the 90 academics whose cases are concluded are sentenced to prison. 83 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; and one academic has been sentenced to 3 years in prison.
The ones who did not request suspension of announcement of verdict
Until today, 11 academics have not accepted that the announcement of their verdicts be suspended. While seven 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/205241-deferred-prison-...