{"id":276373,"date":"2023-09-28T21:43:06","date_gmt":"2023-09-28T18:43:06","guid":{"rendered":"https:\/\/halkweb.com.tr\/?p=276373"},"modified":"2023-09-28T21:43:06","modified_gmt":"2023-09-28T18:43:06","slug":"judiciary-upholds-can-atalays-sentence-erkan-bastan-made-a-very-harsh-statement-and-call","status":"publish","type":"post","link":"https:\/\/halkweb.com.tr\/en\/judiciary-upholds-can-atalays-sentence-erkan-bastan-made-a-very-harsh-statement-and-call\/","title":{"rendered":"Court of Cassation upheld Can Atalay's sentence, Erkan Ba\u015f made a very harsh statement and call!"},"content":{"rendered":"<p>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.<\/p>\n<p><strong><a href=\"https:\/\/halkweb.com.tr\/en\/cuneyt-ozdemir-slams-canan-karate-canan-canan\/\">C\u00fcneyt \u00d6zdemir railed against Canan Karatay: SHAKING CANAN...<\/a><\/strong><\/p>\n<p>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 \u201cattempting to overthrow the government of the Republic of Turkey\u201d in accordance with Article 312\/1 of the Turkish Penal Code, and the 18-year sentences given to Workers\u201c Party of Turkey (T\u0130P) deputies Can Atalay, Tayfun Kahraman, Mine \u00d6zerden and \u00c7i\u011fdem Mater for \u201daiding the attempt to overthrow the government of the Republic of Turkey\u2019.<\/p>\n<p><strong><a href=\"https:\/\/halkweb.com.tr\/en\/dilan-polat-allegation-from-seyhan-soylu-made-one-person-shot\/\">Dilan Polat claim from Seyhan Soylu: She had one person shot<\/a><\/strong><\/p>\n<p><strong>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<\/strong><\/p>\n<p>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.<\/p>\n<p><strong><a href=\"https:\/\/halkweb.com.tr\/en\/statement-on-armed-attack-by-ufuk-bayraktardan\/\">Armed attack statement by Ufuk Bayraktar<\/a><\/strong><\/p>\n<p>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:<\/p>\n<p>\u201cIt 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.\u201d<\/p>\n<p><strong>VERDICT AGAINST ALTINAY, EKMEK\u00c7I AND YAPICI OVERTURNED<\/strong><\/p>\n<p>The sentences of 18 years each for Ali Hakan Alt\u0131nay, Yi\u011fit Ali Ekmek\u00e7i and Ay\u015fe M\u00fccella Yap\u0131c\u0131 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 \u2019aiding the attempt to overthrow the government of the Republic of Turkey\u201c. The decision stated that the actions of these defendants should be evaluated within the scope of \u201dopposition to the Law on Meetings and Demonstrations\u201c. Yap\u0131c\u0131 and Alt\u0131nay are expected to be released tonight.<\/p>\n<p><strong>BACKGROUND OF THE CASE<\/strong><\/p>\n<p>Istanbul 13th High Criminal Court sentenced arrested defendant Osman Kavala to aggravated life imprisonment for \u201cattempting to overthrow the government of the Republic of Turkey\u201d in accordance with Article 312\/1 of the Turkish Penal Code and acquitted him of \u201cpolitical or military espionage\u201d.<\/p>\n<p>The panel sentenced defendants Can Atalay, \u00c7i\u011fdem Mater Utku, Ali Hakan Alt\u0131nay, Mine \u00d6zerden, Tayfun Kahraman, Ay\u015fe M\u00fccella Yap\u0131c\u0131 and Yi\u011fit Ali Ekmek\u00e7i to 18 years in prison each for \u201caiding the attempt to overthrow the government of the Republic of Turkey\u201d and ordered their arrest on this charge.<\/p>\n<p>The Istanbul Regional Court of Appeals found the local court's decision to be in accordance with the law.<\/p>\n<p>Can Atalay, one of the defendants, was elected as a deputy for Hatay from T\u0130P 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.<\/p>\n<p><strong>TYP REACTS TO THE VERDICT: THE JUDICIARY BELONGS TO THE PALACE, THE TRIP BELONGS TO THE PEOPLE<\/strong><\/p>\n<p>The Workers' Party of Turkey (T\u0130P) reacted against the Court of Cassation's confirmation of the sentences of 5 people, including T\u0130P Hatay MP Can Atalay.<\/p>\n<p>&nbsp;<\/p>\n<blockquote class=\"twitter-tweet\">\n<p dir=\"ltr\" lang=\"tr\">The judiciary belongs to the palace, Gezi belongs to the people!<\/p>\n<p>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! <a href=\"https:\/\/t.co\/Dt81aLroGo\">pic.twitter.com\/Dt81aLroGo<\/a><\/p>\n<p>- Workers' Party of Turkey (@tipgenelmerkez) <a href=\"https:\/\/twitter.com\/tipgenelmerkez\/status\/1707455346694848940?ref_src=twsrc%5Etfw\" target=\"_blank\" rel=\"noopener\">September 28, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>In the first statement made by the T\u0130P, the following statements were made:<\/p>\n<p>\u201cThe judiciary belongs to the palace, Gezi belongs to the people!<\/p>\n<p>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!\u201d<\/p>\n<p><strong>ERKAN BA\u015e I DO NOT ACCEPT JUDICIAL COUP<\/strong><\/p>\n<p>\u201cI 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,\u201d said T\u0130P Chairman Erkan Ba\u015f.<\/p>\n<blockquote class=\"twitter-tweet\">\n<p dir=\"ltr\" lang=\"tr\">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.<\/p>\n<p>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... <a href=\"https:\/\/t.co\/eABK45fLWd\">pic.twitter.com\/eABK45fLWd<\/a><\/p>\n<p>- Erkan BA\u015e (@erkbas) <a href=\"https:\/\/twitter.com\/erkbas\/status\/1707457651506807264?ref_src=twsrc%5Etfw\" target=\"_blank\" rel=\"noopener\">September 28, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>Ba\u015f shared, \u201cFor 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!\u201d.<\/p>","protected":false},"excerpt":{"rendered":"<p>Yarg\u0131tay 3. Ceza Dairesi, Gezi Park\u0131 davas\u0131nda, Osman Kavala ile Can Atalay&#8217;\u0131n da aras\u0131nda oldu\u011fu 5 san\u0131\u011f\u0131n mahkumiyetlerini onad\u0131, 3 san\u0131k hakk\u0131ndaki h\u00fck\u00fcmler bozuldu. C\u00fcneyt \u00d6zdemir Canan Karatay\u2019a fena sayd\u0131rd\u0131: SALLAMA CANAN\u2026 8 san\u0131kl\u0131 Gezi Park\u0131 davas\u0131nda, T\u00fcrk Ceza Kanunu&#8217;nun 312\/1 maddesi gere\u011fince, &#8220;T\u00fcrkiye Cumhuriyeti h\u00fck\u00fcmetini ortadan kald\u0131rmaya te\u015febb\u00fcs&#8221; su\u00e7undan a\u011f\u0131rla\u015ft\u0131r\u0131lm\u0131\u015f m\u00fcebbet hapse \u00e7arpt\u0131r\u0131lan Osman [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":277909,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-276373","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-gundem"},"_links":{"self":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/276373","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/comments?post=276373"}],"version-history":[{"count":0,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/276373\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media\/277909"}],"wp:attachment":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media?parent=276373"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/categories?post=276373"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/tags?post=276373"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}