Üstel’s Request for Stay of Execution Rejected, Judge Expresses Dissenting Opinion

Click to read the article in Turkish

Evaluating the objection of imprisoned Academic for Peace Füsun Üstel's attorneys against the verdict of İstanbul 32nd Heavy Penal Court, which rejected the request of the academic for a stay of execution, the İstanbul 33rd Heavy Penal Court has rejected the objection.

One of the judges member to the board of the upper court has expressed a dissenting opinion, stating that "the elements of the crime did not arise."

In the dissenting opinion appended to the verdict of the İstanbul 33rd Heavy Penal Court, the judge has referred to the "right violation" verdict given by the Constitutional Court for teacher Ayşe Çelik, who was previously imprisoned twice on charge of "terror propaganda" for having said, "Don't let children die, don't let mothers crime" in a live TV program.

The judge has also underlined that a verdict of stay of execution should have been given "to prevent any possible rights violations."

Sentenced to 1 year, 3 months in prison on charge of "propagandizing for a terrorist organization" for having signed the declaration "We will not be a party to this crime" prepared by Academics for Peace, Prof. Dr. Füsun Üstel has been arrested in Eskişehir Type H Closed Prison since May 8, 2019.

Request for stay of execution rejected

After the court of appeal upheld the 15-month prison sentence of Füsun Üstel, the attorneys of the academic Fikret İlkiz and Sennur Bayboğa appealed to the court, requesting stay of execution. In their appeal to the court, the attorneys underlined that her freedom of expression has been violated as per the Constitution and European Convention on Human Rights.

Evaluating the request of Üstel's attorneys, the İstanbul 32nd Heavy Penal Court has rejected the request for stay of execution on the ground that "there was no legal reason that would necessitate the stay of execution."

Attorneys objected to the rejection

In response, attorneys İlkiz and Bayboğa appealed to the upper court, the İstanbul 33rd Heavy Penal Court, against the verdict of rejection.

In their objection, the attorneys referred to the Constitutional Court verdict on teacher Ayşe Çelik and demanded that the file of Füsun Üstel be evaluated together with this verdict.

Examining the appeal, the upper court has also rejected the objection of Üstel's attorneys by majority of votes.

Dissenting opinion: Elements of crime didn't arise

One of the judges member to the board of the upper court has expressed a dissenting opinion, arguing that the document in question should have been evaluated within the scope of "freedom of expression" and underlined that the elements of the crime did not arise.

The judge has also referred to the verdict of "rights violation" given by the Constitutional Court for teacher Ayşe Çelik within this context.

What happened?

On April 4, 2018, Prof. Dr. Zübeyde Füsun Üstel from Galatasaray University was sentenced to 1 year and 3 months in prison on charge of "propagandizing for a terrorist organization" as per the Article 7/2 of the Anti-Terror Law (TMK) for having signed the peace declaration.

The penalty of Prof. Dr. Üstel was not deferred by the İstanbul 32nd Heavy Penal Court on the ground that she did not demand the deferment of announcement of the verdict and did not make "a statement of penitence."

The 3rd Panel Chamber of the İstanbul Regional Court of Justice, the court of appeal, upheld the prison sentence of Prof. Dr. Füsun Üstel in a verdict dated February 25, 2019. Though her attorneys objected to the verdict of the court of appeal, her prison sentence has still been executed. Accordingly, Üstel has been behind bars since May 8, 2019.

As of May 31, 2019, 610 academics signatory to the peace declaration have stood trial since December 5, 2017, when the trials of academics started, and 195 of these academics have been sentenced to prison.

The prison sentences of 35 of 195 academics have not been suspended: While the prison sentences of 29 academics were not deferred as their prison terms are over two years (as per the Article 286 of the Law on Penal Courts), 6 academics, including Füsun Üstel, did not accept the deferment of the announcement of their verdicts.

(TP/SD)