The 3rd Criminal Chamber of the Court of Cassation upheld the convictions of 5 defendants in the Gezi Park trial, including Osman Kavala and Can Atalay, while the convictions of 3 defendants were overturned.
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In the Gezi Park trial with 8 defendants, the court upheld the aggravated life sentence given to Osman Kavala, who was sentenced to aggravated life imprisonment for “attempting to overthrow the government of the Republic of Turkey” in accordance with Article 312/1 of the Turkish Penal Code, and the 18-year sentences given to Workers“ Party of Turkey (TİP) deputies Can Atalay, Tayfun Kahraman, Mine Özerden and Çiğdem Mater for ”aiding the attempt to overthrow the government of the Republic of Turkey’.
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JUSTIFICATION FOR THE VERDICT OF APPROVAL FOR ATALAY AND KAHRAMAN: THEIR ACTIONS WITHIN THE SCOPE OF THE START OF THE GEZI PARK EVENTS AND THEIR DEEPENING BY SPREADING ALL OVER THE COUNTRY
In the reasoning of the Chamber's decision to approve the verdict on Atalay and Kahraman, it was noted that these defendants took actions within the scope of the initiation of the Gezi Park events, which were carried out within a plan and organization, and the deepening of the Gezi Park events by spreading throughout the country.
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The decision stated that Atalay and Kahraman directed Taksim Solidarity, which provoked the protesters with provocative posts and calls for action during the Gezi Park protests, leading to an escalation of violence, and gave the following reasoning:
“It is understood that they acted together in connection with the other defendant Mehmet Osman Kavala, who was the main actor in the organization of the Gezi Park protests and financed these protests, and although their actions in this way constitute the crime of attempting to overthrow the government within the scope of Articles 312/1. and 37/1. of the Turkish Penal Code, the decision to convict them of the crime of aiding the attempt to overthrow the government as a result of the error in the appreciation and evaluation of the evidence has not been made a reason for reversal since there is no appeal against it.”
VERDICT AGAINST ALTINAY, EKMEKÇI AND YAPICI OVERTURNED
The sentences of 18 years each for Ali Hakan Altınay, Yiğit Ali Ekmekçi and Ayşe Mücella Yapıcı were overturned by the 3rd Criminal Chamber of the Court of Cassation. In its decision, the chamber pointed out that the actions of these defendants were not within the scope of ’aiding the attempt to overthrow the government of the Republic of Turkey“. The decision stated that the actions of these defendants should be evaluated within the scope of ”opposition to the Law on Meetings and Demonstrations“. Yapıcı and Altınay are expected to be released tonight.
BACKGROUND OF THE CASE
Istanbul 13th High Criminal Court sentenced arrested defendant Osman Kavala to aggravated life imprisonment for “attempting to overthrow the government of the Republic of Turkey” in accordance with Article 312/1 of the Turkish Penal Code and acquitted him of “political or military espionage”.
The panel sentenced defendants Can Atalay, Çiğdem Mater Utku, Ali Hakan Altınay, Mine Özerden, Tayfun Kahraman, Ayşe Mücella Yapıcı and Yiğit Ali Ekmekçi to 18 years in prison each for “aiding the attempt to overthrow the government of the Republic of Turkey” and ordered their arrest on this charge.
The Istanbul Regional Court of Appeals found the local court's decision to be in accordance with the law.
Can Atalay, one of the defendants, was elected as a deputy for Hatay from TİP in the 28th Parliamentary Elections on May 14, upon which his lawyers applied to the Court of Cassation for the suspension of the trial and his release. The 3rd Criminal Chamber of the Court of Cassation rejected the request.
TYP REACTS TO THE VERDICT: THE JUDICIARY BELONGS TO THE PALACE, THE TRIP BELONGS TO THE PEOPLE
The Workers' Party of Turkey (TİP) reacted against the Court of Cassation's confirmation of the sentences of 5 people, including TİP Hatay MP Can Atalay.
The judiciary belongs to the palace, Gezi belongs to the people!
We will not accept the imprisonment of our Hatay MP Can Atalay by the unlawful operation of the Palace judiciary! Can Atalay is the honor of earthquake-stricken Hatay and the pride of our Gezi Resistance history! pic.twitter.com/Dt81aLroGo
- Workers' Party of Turkey (@tipgenelmerkez) September 28, 2023
In the first statement made by the TİP, the following statements were made:
“The judiciary belongs to the palace, Gezi belongs to the people!
We will not accept the imprisonment of our Hatay MP Can Atalay by the unlawful operation of the Palace judiciary! Can Atalay is the honor of earthquake-stricken Hatay and the pride of our Gezi Resistance history!”
ERKAN BAŞ I DO NOT ACCEPT JUDICIAL COUP
“I do not accept the judicial coup against the freedom of our working people, especially our Hatay deputy Can Atalay and all Gezi prisoners whose prison sentences were upheld,” said TİP Chairman Erkan Baş.
I do not accept the judicial coup against the freedom of our working people, especially our Hatay MP Can Atalay and all Gezi prisoners whose prison sentences were upheld.
For freedom, I will take my first step from Hatay to Ankara on October 1. I will show that I am not alone, that we are not... pic.twitter.com/eABK45fLWd
- Erkan BAŞ (@erkbas) September 28, 2023
Baş shared, “For freedom, I will take my first step from Hatay to Ankara on October 1. I know I am not alone, I know we are not alone. The palace will learn!”.