Court Rejects to Release Former DEP Lawmakers

The Ankara State Security Court (DGM) has begun the retrial of Leyla Zana, Hatip Dicle, Orhan Dogan and Selim Sadak, all former lawmakers from the now-closed Democracy Party (DEP).

The court denied the lawyers' request to immediately release the defendants pending the outcome of the retrial. The hearing was postponed to April 25.

The hearing began at 10 a.m. Zana, Dicle, Dogan and Sadak and their lawyers were present at the court. The witnesses did not attend the hearing, saying they did not "have life security," means to finance their transportation costs.

Court rejected to withdraw the judge

The European Court of Human Rights (ECHR) had decided, "DEP lawmakers should be retried." Judge Orhan Karadeniz, however, had made a statement saying, "There is no need to comply with the ECHR decision.

"Defendants reminded Karadeniz's reaction to the ECHR decision and requested that the judge is withdrawn from the trial. The court rejected this request.

Judge Karadeniz summarized the decision by the ECHR. The ECHR, saying that the former lawmakers were "denied a fair trial," decided that they should be retried.

Zana: March 2 coup

Later, Sadak, Zana, and Dicle talked about the illegal actions that took place during the period of time beginning with them being expelled from the parliament and being arrested. "March 2 coup" Zana called the process.

Sadak criticized the prime minister of the time, Tansu Ciller, and Dogan Gures, who was then, the head of the General Staff. He reminded that Ciller said, "I spoke to the judiciary, I told them to finalize this now."

Dicle said there were important legal reforms in Turkey and important steps were being taken in the path towards democratization. He said the trial was a political one. "We were the ones to stay in the prison for the longest period of time in Turkey because of political views. We are paying a price for democracy," said Dicle.

"The parliament passed the reforms, but it is up to the judges to implement them," said Dicle, who emphasized the importance of reforms. "These reforms can be interpreted in a status quo way, or a liberal way," he said.

"An important democracy test for Turkey"

Zana said the lifting of their parliamentary immunity and their arrest, were illegal processes. She said this trial had a historic importance in Turkey for interior peace. The decision will be an important democracy test said Zana and demanded that the decision be in line with recent reforms.

"The European Union membership process is very important," said Zana. "It is like a road trip without a rear gearshift. She wanted the negotiations between the EU and Turkey to start at once and said they would catalyze Turkey's democratization process. She also called on the EU countries to be "constructive."

Violation of the constitution

The lawyers demanded that the imprisonment periods of the defendants are taken into account and that they are released.

The prosecutor did not discuss the statements by Kaplan and Alatas. The court rejected to release the defendants.

The trial was postponed to April 25. The witnesses will be called to attend the trial provided that they have life security and their transportation costs are compensated.

Former and current lawmakers attended the hearing

The head of the Turkish Grand National Assembly (TBMM) Human Rights Investigation Commission, Mehmet Elkatmis and some members of the commission, European Parliament members Feleknaz Uca and Sergio Vici, Democratic Socialism Party (PDS) head Gabi Zimmer, Human Rights Association (IHD) head Husnu Ondul, former heads of the recently closed People's Democracy Party (HADEP), Murat Bozlak and Ahmet Turan Demir, former head of the closed People's Labor Party (HEP), Ahmet Turk, Sedat Yurttas, Sirri Sakik, representatives from the United States of America (U.S.), German, Greek and Denmark Embassies, head of the Union of Education and Science Workers, Alaaddin Dincer and relatives of former DEP lawmakers attended the hearing.

The trial period

The former DEP lawmakers demanded a retrial on February 4, 2003 through their lawyers. That was the day when a series of EU reforms were published in Turkey's official gazette. The court accepted their demand.

The Ankara DGM had sentenced Dicle, Zana, Dogan and Sadak to 15 years in prison for threatening the integrity of the state in line with orders from the Kurdish rebels in Turkey. The appeals court upheld the decision.

DEP was closed. Zana, Dogan and Dicle were sent to an Ankara prison on March 17, 1994 after being detained on March 4. Sadak was detained on July 1, 1994 and arrested on July 12, 1994.

The former lawmakers applied to the ECHR in 1996 claiming that according to the European Human Rights Agreement, their right of freedom of expression and association were violated, they were denied a fair trial and the ban on discrimination was breached.

ECHR in 2001 decided the DGMs were not objective and independent institutions and said the former lawmakers were denied a fair trial. The court did not debate other acclamations.

The court also decided that Turkey pays U.S.D. 25,000 to each person filing a complaint and a total of U.S.D. 10,000 for court expenses.

A new article was included in Turkish penal code. This article states that, if the ECHR finds that a court decision violates the human rights and freedoms agreements, a retrial is required. (BB/EA/NM)