Decision of non-prosecution for Noyan’s ‘death list’ remarks

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A decision of non-prosecution has been given for the remarks of writer Sevda Noyan, who said, "July 15 [coup attempt in 2016] stuck in our gizzard. We couldn't do what we wanted. We were taken unawares ... Our family would take down 50 people ... My list is ready, to be honest."

Lawyer Çağrı Ayhan Şenel, together with several other people, previously appealed to the Ankara Chief Public Prosecutor's Office and filed a criminal complaint against Sevda Noyan, who hurled threats at her neighbors and said that she had prepared a "death list".

An investigation was launched against writer Sevda Noyan on charge of "threat with the aim of causing public fear and panic."

Following a decision of rejection of venue, the investigation file has been sent to the İstanbul Chief Public Prosecutor's Office.

The prosecutor conducting the investigation into the remarks of the writer has said that a lawsuit has been filed against Noyan on the same charge and she is facing 3 years to 6 years in prison in the trial to be held by the İstanbul 45th Penal Court of First Instance.

The prosecutor has concluded that there is a lack of grounds for prosecution in the name of the public as required by the "non bis in idem" principle of the law, indicating that another legal action to be taken against Noyan on the same charge will mean repeated prosecution.

'Files should have been combined'

Çağrı Ayhan Şenel, who filed the criminal complaint, has said, "We filed a complaint together with several people. The decision of the prosecutor's office regarding a repeated prosecution is not right. If the prosecutor had seen a crime, he should have filed the lawsuit. After the lawsuit was filed, the court hearing the case should have ruled that the files should be merged."

What happened?

During a TV program on Ülke TV on May 8, Sevda Noyan, a pro-government media figure, said that her family would kill at least 50 people in case of a new coup attempt against the government.

"July 15 [2016 military coup attempt] stuck in our gizzard. We couldn't do what we wanted. We were taken unawares ... Our family would take down 50 people. We are very well equipped both materially and spiritually. We stand by our leader," she said and added that several people residing in the same residential complex with her were "on her list."

Esra Elönü, the presenter of the program, also supported her, saying those people should watch their steps.

After the broadcast İlhan Taşcı, an RTÜK member from the main opposition Republican People's Party (CHP), submitted a petition to the council, requesting an inquiry about the program.

However, RTÜK Chair Ebubekir Şahin did not attend the council's meeting with an excuse for absence. So, the program was not brought to the agenda of the council and was not discussed, according to Taşcı.

RTÜK's tardiness in examining the broadcast caused outrage among social media users and opposition politicians, who pointed out the fines issued by the council to media outlets critical of the government.

After criticism, Şahin said he was out of the city to attend a predetermined meeting and remarked, "However, if there is a sanction to be given, I think that this sanction should not be a penalty that pleases coup lovers, those who praise the coup and makes them smile. We are not in a position to penalize what was said against those who praised coups. This is not an issue to be exaggerated."

Backtracking from these remarks, he said in a statement on May 18 that Noyan's expressions, which he said "deeply hurt the public conscience," could never be accepted in terms of RTÜK's principles.

He said that what is necessary would be done after the relevant expert report was submitted to the council. (EMK/SD)