HDP Honorary Chair Ertuğrul Kürkçü Sentenced to 2 Years in Prison
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Peoples' Democratic Party (HDP) Honorary Chair Ertuğrul Kürkçü has been sentenced to 2 years in prison in the case heard by the Iğdır Heavy Penal Court. The file of 26th term HDP Iğdır MP Mehmet Emin Adıyaman, who was tried in the same lawsuit with Kürkçü, has been separated.
Speaking to bianet after the hearing, Ertuğrul Kürkçü has stated,
"The court has given the verdict at discretion and with regard to aggravating factors, it has imposed the sentence on the lower limit and aggravated it.
"While reading out the detailed ruling, the Presiding Judge used such statements as 'On the ground that there are no mitigating circumstances, no need to suspend the announcement of the verdict or defer the sentence, he has not expressed any remorse and he has tendency to repeat the offence.'
"The upper limit of the sentence is 3 years, which means that the court has given the sentence on the lower limit by aggravating it. The verdict will be considered by the Court of Appeal."
In the event that the 2-year prison sentence given to Kürkçü is upheld by the Court of Appeal, Ertuğrul Kürkçü will go to prison due to the speech that the made during the Newroz celebrations held by the Democratic Regions Party (DBP) Iğdır Provincial Organization in 2016.
The bill of indictment issued against Ertuğrul Kürkçü was prepared by Iğdır Chief Public Prosecutor Sedat Turan, who demanded that Kürkçü be penalized on charge of "propagandizing for a terrorist organization" as per the Article no. 7/2 of the Anti-Terror Law.
Abolishment of parliamentary immunities
Ertuğrul Kürkçü was HDP İzmir MP at that time. The Chief Public Prosecutor's Office issued a summary of proceedings against him due to his speech and referred it to the Grand National Assembly of Turkey (TBMM), demanding that his parliamentary immunity be lifted.
The draft amendment to the Constitution, which foresaw the abolishment of parliamentary immunities and was approved by the parliament with 376 votes from the ruling Justice and Development Party (AKP), Nationalist Movement Party (MHP) and main opposition party Republican People's Party (CHP) on May 20, 2016, entered into force after being approved by President and AKP Chair Recep Tayyip Erdoğan on June 7, 2016.
When the amendment draft was approved by President, there were a total of 667 files against 138 MPs. 405 of these files were those of HDP MPs. The summary of proceedings issued by the Iğdır Chief Public Prosecutor's Office against Kürkçü was also among those 405 files.
Two other lawsuits due to his speeches
Two other lawsuits were also filed against Kürkçü in relation with three speeches that he made in Mardin and Diyarbakır in 2012 and 2015-2016. As part of this lawsuit, he faces from 13.5 to 33 years in prison.
The second hearing of the case, whose first hearing was held October 3, 2018, will be held on February 6, 2019.
The file of Adıyaman separated
On March 21, 2016, when Ertuğrul Kürkçü made a speech on the occasion of Newroz celebrations in Turkey's eastern province of Iğdır, the then HDP Iğdır MP Mehmet Emin Adıyaman made a speech as well.
Adıyaman was tried in the same lawsuit with Kürkçü due to this statement. At today's hearing, the case file of Adıyaman has been separated from that of Kürkçü and combined with another case. (HK/SD)