Indictment Drafted for Rights Advocates Detained in Büyükada

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Prosecutor Can Tuncay from İstanbul Chief Prosecutor's Office Terror Crimes Department has completed the 17-page indictment in the case of the rights advocates from various rights organizations who were detained during a training workshop on July 5 in Büyükada and were later arrested.

According to the indictment submitted to İstanbul Heavy Criminal Court, rights advocate Taner Kılıç, an executive from Amnesty International Turkey Bureau faces from 7.5 to 15 years in prison on the charge of "Being a member of the armed Fethullahist Terrorist Organization (FETÖ)", and other rights advocates are facing from 5 to 10 years in prison on charge of "aiding an armed terrorist organization".

In the bill of indictment, it has been stated that Taner Kılıç had organized the meeting in Büyükada yet could not attend the meeting as he had been detained in İzmir for using "ByLock", an encrypted communication software, used among members of Gülen Community.

The indictment also says "It has been determined, that the march called 'Justice' [which according to the indictment is also linked to the rights advocates] aimed at causing violent events that could cause chaos in the society like the Gezi Park incidents".

The rights advocates who are facing prison sentence according to the indictment are:

Taner Kılıç, Amnesty International Turkey Representative
Idil Eser, Amnesty International Turkey - Turkey Director
İlknur Üstün, Women's Coalition;
Günal Kurşun , lawyer, Human Rights Agenda Association;
Nalan Erkem, Lawyer, Citizens Assembly;
Nejat Taştan, Equal Rights Watch Association;
Özlem Dalkıran, Citizens' Assembly (formerly called Helsinki Citizens Association)
Şeyhmuz Özbekli, lawyer, former activist of Mazlum Der
Veli Acu, Amnesty International Executive Board Member
Ali Gharavi - an IT consultant, citizen of Sweeden
Peter Steudtner – a non-violence and well-being trainer, citizen of Germany

What happened?

On July 5, 10 rights advocates from various rights organizations were taken into custody during a training workshop with the topic "Protection and digital security of human rights advocates" in Büyükada, one of the Prince Islands in İstanbul. Nothing was heard from detained rights defenders for 30 hours.

It was later revealed that the detention warrant had only been issued five hours after the advocates had already been taken into custody.

On July 11, an additional seven days of detention was issued for the rights advocates.

On July 17, the rights advocates were sent to court for arrest on charges of "committing crimes on behalf of an illegal organization as non-members", and "being a member of an illegal organization".

On July 18, Eser, Dalkıran, Kurşun, Acu, Gharavi and Steudtner were arrested. Erkem, Üstün, Taştan and Özbekli were released on probation and international travel ban was imposed on them.

On July 21, the prosecutor objected to the release of the four rights advocates and a detention warrant was issued for them. Detained from their homes, Üstün and Erkem were arrested on July 23.

On July 25, Taştan and Özbekli were released on probation with travel ban.

Özlem Dalkıran, Peter Steudtner, Ali Gharavi, Veli Acu, Günal Kurşun, İdil Eser and Nalan Erkem are still being kept in Silivri No. 9 F-type Prison and İlknur Üstün is behind bars in Sincan Closed Prison for Women.

Turkish Penal Code

Forming organized groups with the intention of committing crime

ARTICLE 220 (1) Those who form or manage organized groups to executes acts which are defined as offense by the laws, is punished with imprisonment from two years to six years unless this organized group is observed to be qualified to commit offense in view of its structure, quantity of members, tools and equipment hold for this purpose. However, at least three members are required for existence of an organized group.
(2) Those become a member of an organized group with the intention of committing crime, is punished with imprisonment from one year to three years.
(3) In case the organized criminal group is equipped with arms, the punishment to be imposed according to the above subsections is increased from one fourth to one half.
(4) In case of commission of a crime within the frame of activities of a organized group, the offender is additionally punished for this crime.
(5) The directors of the organized criminal group are additionally punished for all the offenses committed within the frame of activities of the organized group.
(6) Any person who commits an offense on behalf of an organized criminal group without being a member of that group is additionally punished for being a member of the organized group.
(7) Any person who knowingly and willingly helps an organized criminal group although not takes place within the hierarchic structure of the group, is punished as if he is a member of the organized group.
(8) Any person who makes propaganda by praising the organized criminal group and its object is punished with imprisonment from one year to three years. The punishment to be imposed is increased by one half in case of commission of this offense through press and broadcast organs.

Armed Organisation

ARTICLE 314 (1) Any person who establishes or commands an armed organisation with the purpose of committing the offences listed in parts four and five of this chapter, shall be sentenced to a penalty of imprisonment for a term of ten to fifteen years.
(2) Any person who becomes a member of the organisation defined in paragraph one shall be sentenced to a penalty of imprisonment for a term of five to ten years.
(3) Other provisions relating to the forming of an organisation in order to commit offences shall also be applicable to this offence.

(YY/DG)