While Takanay, Bartu Candan and Korkmaz have been sentenced to 15 months in prison, Erden has been sentenced to 18 months. The sentence of Takanay has been deferred on 2-year probation. The announcement of other verdicts has been suspended.
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 (March 12).
Nine academics had their hearings at four different courts:
At the İstanbul 24th Heavy Penal Court; Dr. Nermin Biter from Ege University had her first hearing.
At the İstanbul 37th Heavy Penal Court; Prof. Dr. Murat Yeğen from Şehir University and Prof. Dr. Murat Cemal Yalçıntan from Mimar Sinan University of Fine Arts (MSGSÜ) had their third hearings.
At the İstanbul 36th Heavy Penal Court; Dr. Lecture Ertan Ersoy from İstanbul University, Lecturer Aslı Takanay and Assoc. Prof. Ayfer Bartu Candan from Boğaziçi University had their fourth hearings.
At the İstanbul 25th Heavy Penal Court; Dr. Lecturer Osman Erden from Mimar Sinan University of Fine Arts (MSGSÜ) and Assoc. Prof. Tansel Korkmaz from İstanbul Bilgi University had their third hearings; Dr. Lecturer Siyaveş Azeri from Artuklu University had his first hearing.
Deferred prison sentence for four academics
The court board of the 36th Heavy Penal Court has ruled that Aslı Takanay and Ayfer Bartu Candan 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 (TMK).
While the pronouncement of Bartu Candan's verdict has been suspended*, the announcement of Takanay's verdict has not been deferred as she did not accept it in her previous hearing. However, the court board has deferred her prison sentence on the condition of a 2-year probation since "she does not have a criminal record and there has emerged the personal conviction that she would not commit another offense in the future in the event that her prison sentence was deferred."
At the İstanbul 25th Heavy Penal Court, Tansel Korkmaz has been sentenced to 1 year, 3 months and Osman Erden has been sentenced to 1 year, 6 months in prison on charge of "terror propaganda." The prison term of Erden has not been reduced as "he did not express remorse." The announcement of both verdicts has also 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 March 12, 2019, 510 academics had stood trial since December 5, 2017, all the 146 academics whose cases were concluded have been sentenced to prison. 106 of these academics were sentenced to 1 year and 3 months in prison; 6 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."
* As per the Article 231 of the Law on Criminal Courts (CMK), when a court rules that the announcement of a verdict shall be suspended, the verdict/sentence is removed in the event that the person does not commit an intentional crime in five years.
(TP/SD)
Source: https://bianet.org/english/freedom-of-expression/206385-deferred-prison-...