Judge Interrupts Defense of Academic, Threatens Lawyer With Ordering Out of Court Hall

Yazar / Referans: 
Hikmet Adal, Bianet
Tarih: 
04.04.2019

Academic Can Irmak Özinanır has been sentenced to 1 year, 10 months and 15 days in prison; the announcement of the verdict has been suspended. The statement of defense of one academic has also been interrupted by the presiding judge.

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 (April 4).

Four academics had their hearings at the İstanbul 26th Heavy Penal Court. While the court board has given a verdict of rejection of venue in case files of Burçin Kalkın Kızıldaş and Levent Ünsaldı, it has ruled that the rogatory documents of Eylem Çamuroğlu shall be examined.

In the hearing of academic Düzgün Uğur, Presiding Judge Yalçın prevented Uğur from making his defense as to the accusations by interrupting his statement. After the attorney of Uğur objected to the situation, the judge threatened the lawyer with ordering her out of the court hall.

Having his final hearing at the İstanbul 28th Heavy Penal Court, academic Can Irmak Özinanır from Ankara University has been sentenced to 1 year, 10 months and 15 days in prison on charge of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law (TMK). The announcement of the verdict has been suspended.*

In the hearing of Yasemin Özgün, the court board has rejected her request for rejection of venue and ruled that the academic shall be present in court in her next hearing to be held on June 25, 2019.

Hearings held today

Six academics had their hearings at two different courts:

At the İstanbul 26th Heavy Penal Court: Research Assistant Burçin Kalkın Kızıldaşand Assoc. Prof. Levent Ünsaldı from Ankara University; Dr. Lecturer Eylem Çamuroğlu from Mersin University; Research Assistant Düzgün Uğur from Dicle University

At the İstanbul 28th Heavy Penal Court: Research Assistant Can Irmak from Ankara University had his second hearing and Assoc. Prof. Yasemin Özgün had her first hearing.

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 April 4, 2019, 586 academics had stood trial since December 5, 2017, all the 177 academics whose cases were concluded have been sentenced to prison. 128 of these academics were sentenced to 1 year and 3 months in prison; 6 academics to 1 year and 6 months in prison; 16 academics to 1 year, 10 months and 15 days in prison; 16 academics to 2 years and 3 months in prison; five academics have been sentenced to 2 years and 6 months in prison; three academics have 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 or deferred, the verdict/sentence is removed in the event that the person does not commit an intentional crime in five years.

(HA/SD)

Source: https://bianet.org/english/freedom-of-expression/207141-judge-interrupts...