Examining the individual applications of 10 Academics for Peace signatory to the declaration “We will not be a party to this crime,” the Constitutional Court has postponed the meeting as the Ministry of Justice did not deliver the requested “opinion”.
The Constitutional Court convened yesterday (May 29) and examined the individual applications of 10 Academics for Peace, who have been penalized on charge of "propagandizing for a terrorist organization" for having signed the declaration entitled "We will not be a party to this crime."
One of these academics is Prof. Dr. Füsun Üstel, who has been arrested in Eskişehir Prison since May 8, 2019.
However, the court adjourned the meeting on the ground that the Ministry of Justice did not submit the requested "opinion".
After the Ministry submits its defense, the Constitutional Court will discuss the individual applications again.
Files of 10 academics at Constitutional Court
As part of the Trials of Academics continuing since December 5, 2017, 195 Academics for Peace have been sentenced to prison. The verdicts of conviction of 35 academics have not been deferred.
10 academics, including Prof. Dr. Füsun Üstel, whose prison sentences have been upheld by the court of appeal, made individual applications to the Constitutional Court. In their applications, the academics argued that their penalization has violated freedom of expression.
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 May 30, 2019, 619 academics had stood trial since December 5, 2017, all the 195 academics whose cases were concluded have been sentenced to prison. 138 of these academics were sentenced to 1 year and 3 months in prison; 8 academics to 1 year and 6 months in prison; 16 academics to 1 year, 10 months and 15 days in prison; 17 academics to 2 years and 3 months in prison; six academics have been sentenced to 2 years and 6 months in prison; five 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."
(TP/SD)
Source: https://bianet.org/english/freedom-of-expression/208984-constitutional-c...