While the prosecutor requested academic Akyüz be sentenced to prison, the court has acquitted her. A total of 106 academics have been acquitted so far.
The trials of the Academics for Peace continued today (September 12).
The hearing of Dr. Lecturer Latife Akyüz from Düzce University has been held at İstanbul Courthouse. Akyüz attended the hearing via Audio and Video Information System (SEGBİS).
Attorney Meriç Eyüboğlu requested the acquittal of her client in line with the Constitutional Court ruling.
The prosecutor said in his opinion on merits that the act "cannot be evaluated within the scope of freedom of expression," and that the defendant shall be given a prison sentence upon Anti-Terror Law Article 7/2.
Eyüboğlu spoke after the prosecutor, saying, "Apparently Mr. prosecutor does not have up-to-date information. Verdicts of acquittal have been coming after the Constitutional Court ruling. If a prison sentence is given, you will make history as the first court that acts against the binding decision of the Constitutional Court and gives a sentence."
The court acquitted Akyüz.
Four courts acquitted 54 academics
After today's rulings, the number of academics who have been acquitted after the Constitutional Court ruling has become 106.
36th Heavy Penal Court: Prof. Dr. Ayşe Berkman (Mimar Sinan University of Fine Arts), Lecturer Chris Stephenson (Bilgi University).
32nd Heavy Penal Court: Assoc. Prof. Ahmet Atıl aşıcı (İstanbul University), Research Associate Gülay Kılıçaslan (Yıldız Technical University).
22nd Heavy Penal Court: Ferda Keskin (Bilgi), Barış Pembeci (Muğla), Pınar Önen (Okan), Özlem Özkan (Kocaeli), Derya Keskin (Kocaeli), Alaattin Şenel (Ankara), Hale Bolak Boratav (Bilgi), Ayşe Bilge Yağmurlu (Koç), Burak Onaran (MSGSÜ), Bahtiyar Mermertaş (Mimar Sinan), Nur Serap Özer (TED), H. Neşe Özgen (MSGSÜ), Alev Özkazanç (Ankara), Demet İslambay (ODTÜ), Hülya Doğan (Bartın), Yusuf Çağlar Güven (METU), Handan Çağlayan (Ankara), Özge Yaka (FMSH Paris), Eren Can (Artuklu), Mehmet Barış Gümüşbaş (Hacettepe), Umut Tümay Arslan (Mimar Sinan), Ercan Şen (Ankara), Ayşe Parla (Sabancı).
26th Heavy Penal Court: Eylem Çamuroğlu Çığ (Mersin), Meral Gürbüz (Anadolu), Murat Emeksiz (Anadolu), Ali Turgay Kurultay (Yaşar), Bülent Duru (Ankara), Zeynep Ülker Kaşlı Koolschijn (Washington Univ), Nergiz Kardaş İşler (Hacettepe), Görkem Akgöz (Hacettepe), Akın Tek (Şehir), Özgecan Korkmaz (Michigan), Halil İbrahim Yenigün (Ticaret), Mahinur Akkaya (ODTÜ), Gürsan Şenalp (Atılım), Zeliha Hacımuratlar (Özyeğin), Eylem Özdemir (İÜ), Didem Pekün (Koç), Adil Emre Zeytinoğlu (MSGSÜ), Tuğçe Erçetin (Bilgi), Zeynep Altok (Bilgi), Derya Fırat Şannan (MSGSÜ), Güventürk Görgülü (Bilgi), Berrak Karahoda (Bilgi), Nermin Saybaşılı (MSGSÜ), Orkun Doğan (Bilgi), Engin Kılıç (Sabancı), Osman Cengiz Aktar (Süleyman Şah), Düzgün Uğur (Dicle).
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 September 9, 2019, 640 academics had stood trial since December 5, 2017, all the 204 academics whose cases were concluded were sentenced to prison. 146 of these academics were sentenced to 1 year and 3 months in prison; 8 academics to 1 year and 6 months in prison; 18 academics to 1 year, 10 months and 15 days in prison; 17 academics to 2 years and 3 months in prison; 7 academics to 2 years and 6 months in prison; 5 academics to 2 years and 1 month in prison; and one academic to 3 years in prison.
Non-deferred prison sentences for 36 people
Of these 204 people, the verdicts of conviction of 36 academics in total were not deferred; while the verdicts of 29 people were not deferred as their prison terms are over 2 years (as per the Article 286 of the Law on Criminal Courts), the verdicts of 7 academics were not deferred as they did not accept the deferment of the announcement of their verdicts.
With her 15-month prison sentence upheld by the court of appeal, Academic for Peace Prof. Dr. Füsun Üstel was arrested on May 8, 2019 to be released on July 22.
Constitutional Court said "violation of right"
The General Assembly of the Constitutional Court examined the individual applications of 10 Academics for Peace sentenced to prison on charge of "propagandizing for a terrorist organization" for having signed the peace declaration.
On July 26, 2019, the Court ruled that the penalization of Academics for Peace on charge of "terror propaganda" has violated their freedom of expression.
The Court decided that a copy of this judgement shall be sent to all local courts in order to eliminate this right's violation and advised for retrial. The court also ruled to pay each applicant 9 thousand TRY in reparations.
After the new judicial year opened on September 2, the first verdict of acquittal for an Academic for Peace in accordance with the Constitutional Court ruling was given by the İstanbul 30th Heavy Penal Court.
Constitutional Court ruling and its consequences
The ruling of the Constitutional Court stipulates that the local courts shall hold re-trials and give verdicts of acquittal in ongoing cases and for finalized sentences and the courts of appeal shall reverse the judgements in question.
106 academics have been acquitted so far.
The State of Emergency Commission, which has not yet given its decision regarding the applications of discharged academics, shall also take the Constitutional Court ruling into account. However, it can still give contrary rulings.
In the event that the Commission gives a decision against the academics, they will have the right to appeal to the Council of State. Though the Constitutional Court ruling is binding for the Council of State, any possible failure to withdraw the decisions of discharge will also be examined by the Constitutional Court.
You can reach all news on Trials of Academics here
You can reach the statements of Academics for Peace in English here
(TP/VK)
Source: https://bianet.org/5/110/212973-prosecutor-requests-prison-sentence-for-...