US Deems Peace Declaration 'Within Freedom of Expression', Rejects Taking Testimony

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The US Department of Justice has responded to a letters rogatory by Turkey for Assoc. Prof. Lecturer Baki Tezcan, a Peace Declaration signatory.

The Department of Justice suggested in its response dated October 29, 2018 that Tezcan's act is within the scope of freedom of expression and unless sufficient evidence regarding the allegations is presented, it will not grant Turkey's demand.

Court ruled for rogatory in first hearing

Baki Tezcan, an associate professor of history at the University of California, is being tried at the İstanbul 27th Heavy Penal Court on the charge of "propagandizing for a terrorist organization" for having signed the declaration entitled "We will not be a party to this crime."

The court ruled in the first case that the rogatory documents shall be sent to Tezcan.

In yesterday's (January 30) hearing, Tezcan's attorney Süleyman Anıl presented the response of the US Department of Justice to the court.

"US Constitution grants broad freedom of speech"

The following has been said in the Department's response to the letters rogatory:

"The First Amendment to the U.S. Constitution provides for broad freedom of expression and, as a result, prohibits criminal prosecution of speech except in narrowly defined circumstances.

"As you know, the limits to this protection include situations in which the speech comprises a true threat or incites imminent violence, In this case, there has not been a sufficient showing in this regard."

"The request implicates our principles"

"If there are other facts pertaining to this matter that have not been
included in this request, e.g., information indicating an endangerment or objectively credible threat to Turkish lives, we will gladly consider them.

"However, without additional information, we will not be able to assist with the execution of this request, since we are of the view that the request implicates the above-described principles protected by our Constitution.

"We consider these principles to be essential interests, and Article 22 of the Treaty allows for the denial of a request where its execution would prejudice essential interests."

Arrest warrant issued for Tezcan

The court, after appending the attorney's statement into minutes, ruled for an arrest warrant for Assoc. Prof. Tezcan.

The next hearing will be held on March 9.

About the Trials of Academics

On January 10, 2016, 1,128 academics published a declaration entitled "We will not be party to this crime" on behalf of the Academics for Peace initiative.

With the participation of further academics, the number of academics who have signed the declaration has reached 2,212.

With the indictment issued by the Prosecutor İsmet Bozkurt, lawsuits were filed against the academics on charge of "propagandizing for a terrorist organization" as per the Article No. 7/2 of the Anti-Terror Law No. 3713.

As of January 30, 2019, 452 academics had stood trial since December 5, 2017, all the 90 academics whose cases are concluded are sentenced to prison. 83 of these academics were sentenced to 1 year and 3 months in prison; 3 academics to 1 year and 6 months in prison; one academic to 2 years and 3 months in prison; one academic has been sentenced to 2 years and 6 months in prison; one academic has been sentenced to 2 years and 1 month in prison; and one academic has been sentenced to 3 years in prison.

The ones who did not request suspension of announcement of verdict

Until today, 11 academics have not accepted that the announcement of their verdicts be suspended. While seven of these academics have been sentenced to 1 year and 3 months in prison, three academics have been sentenced to 1 year and 6 months in prison and one academic has been sentenced to 2 years and 3 months in prison.

* Prof. Dr. Büşra Ersanlı - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. While the sentence has been reduced, the announcement of the verdict has not been deferred.

* Prof. Dr. Zübeyde Füsun Üstünel - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. The sentence has been reduced. The announcement of the verdict has not been deferred.

* Prof. Dr. Ayşe Erzan - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. The sentence has been reduced, the announcement of the verdict has not been suspended.

* Prof. Dr. Nesrin Sungur Çakmak - At the 32nd Heavy Penal Court - 1 year, 3 months in prison. The sentence has been reduced, the pronouncement of the verdict has not been suspended.

* Prof. Dr. Özdemir Aktan - 1 year, 3 months in prison. While the sentence has been reduced, the pronouncement of the verdict has not been deferred.

* Lecturer Aslı Takanay - The verdict has not been pronounced.

* Assoc. Prof. Dr. Esra Arsan - The verdict has not been pronounced.

* Prof. Dr. Gülhan Türkay - 1 year, 3 months in prison. While the prison sentenced has been reduced, the pronouncement of the verdict has not been suspended.

* Dr. Lecturer Lütfiye Bozdağ - 1 year, 6 months in prison. Her prison sentence has not been reduced. The announcement of the verdict has not been deferred.

* Prof. Dr. Şebnem Korur Fincancı - 2 years, 6 months in prison. Korur Fincancı stated that she did not accept the suspension of the announcement of the verdict. Her sentence has not been suspended or reduced.

The ones whose statements were not taken

* Research Assistant Onur Baysal - At the 28th Heavy Penal Court - 1 year, 3 months in prison. The court deferred his sentence without demanding his statement about it.

* Dr. Yonca Güneş Yücel - At the 28th Heavy Penal Court - 1 year, 6 months in prison. It was claimed that the academic accepted the suspension of the announcement of the verdict though her statement was not taken. The verdict has been deferred on the condition of 2-year probation.

* Prof. Dr. Gençay Gürsoy - At the 37th Heavy Penal Court - His statement as to the suspension of the pronouncement of the verdict was never taken. He has been sentenced to 2 years and 3 months in prison.

On March 10, 2016, the Academics for Peace made a statement for press and shared with the public what they had been going through since the declaration "We will not be a party to this crime" was published. The academics Dr. Lecturer Esra Mungan, Dr. Lecturer Muzaffer Kaya, Assoc. Prof. Dr Kıvanç Ersoy (March 15, 2016) and Dr. Lecturer Meral Camcı (March 31, 2016), who read out the above-mentioned statement for press, were arrested on charge of "propagandizing for a terrorist organization" as per the Article No. 7/2 of the Turkish Anti-Terror Law. They were released on April 2016. Upon the request of the Prosecutor's Office, the Ministry of Justice granted a permission of trial as per the Article No. 301 of the Turkish Penal Code No. 301 on charges of "insulting the Turkish Nation, the State of the Republic of Turkey and the institutions and organs of the government."

(TP/VK)

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