Commenting on the decision of the 3rd Penal Chamber of the Supreme Court of Appeals against CHP Istanbul Provincial Chair Canan Kaftancıoğlu, the legal experts concluded that Kaftancıoğlu cannot exercise her right to vote and be elected.
Lawyers Association Member Attorney Mehmet Alagöz said that the public debate about the sentences given to Canan Kaftancıoğlu is political rather than legal.
Explaining that he has been following the trial process closely, Alagöz said, “If anyone, not Canan Kaftancıoğlu, was prosecuted for these crimes, she would definitely be punished for ‘insulting a public official because of her duty’, ‘openly humiliating the State of the Republic of Turkey’ and ‘insulting the President’. “He wouldn’t object to that. Because there are indecent posts here and he himself accepts these posts. There is no apology or remorse. Such swearing and insults are crimes not only in Turkey but also all over the world.” he said.
Noting that the court eliminated the non-criminal parts, Alagöz said, “The court had the courage to issue a ‘confirmation decision’ regardless of the rank and position of the person, in matters that obviously committed crimes. In this sense, I think this decision is the right and appropriate decision for law and justice.” used the phrases.
Stating that the Court of Cassation found it lawful to overturn its decision on the crimes of “making propaganda for a PKK/KCK armed terrorist organization” and “openly inciting the people to hatred and enmity”, Alagöz stated that the discussions about the late filing of the lawsuits are not legal, they are political, and added:
“Because, when a lawsuit is filed within the statute of limitations, a trial can be made. If he had deleted his tweets and had not been detected by the prosecutors, then he would not have been the subject of indictments and crimes. He shows that his views continue.”
Noting that Kaftancıoğlu was sentenced for more than one year and there were decisions about political bans, Alagöz said that he could not engage in politics unless he received a court decision and his rights were returned upon the completion of the execution. “It will be a subject of discussion. Because there is no clear regulation in the election legislation regarding this. There are issues related to election and being elected. He can engage in political activities. In this sense, he can be found in the organizations of the party he is affiliated with, but he does not have the right to vote and be elected.” said.
Alagöz stated that since Kaftancıoğlu’s sentence was upheld by the Supreme Court, he could exercise his constitutional rights against the decision and apply to the Constitutional Court for violation of rights.
“If his application is rejected in the Constitutional Court, he can go to the European Court of Human Rights after that, but these will not stop the execution. After the decision of approval by the Chief Public Prosecutor of the Court of Cassation, the whole file will be sent to the Istanbul Public Prosecutor’s Office. If he does not surrender himself, he will be handed over to the prison through the judicial police. Due to the Pandemic conditions and some regulations in the Penal Execution Law, I do not anticipate that he will stay in a closed prison for a very long time. Because generally, those convicted of these crimes are taken to open prisons or they stay in their homes after the conditions of open prison are met. They allow him to pass, but at least there will be a process of being handed over to the prison, he will go to prison. Then he will be released after his procedures are completed. After that, he will enter the field of the execution prosecutor’s office and the execution judge. They will look at this procedure, the past situations of the accused. As far as I follow, Kaftan There are other crimes and lawsuits against cioglu. If they have previously finalized convictions, then if there are repeated crimes, they will be executed accordingly. These are all possible issues.”
“Applications will not stop this execution or pave the way for him to preside”
Lawyer Cemalettin Gürler said that the decisions made by the local courts are subject to the Supreme Court’s review as the last resort, and that the decision rendered in the Supreme Court review has the characteristics of a final judgment.
Gürler said, “The decision about Kaftancıoğlu is notified to the Supreme Election Board and relevant places because it is a final decision. At this stage, Canan Kaftancıoğlu will be banned from election, election and other political activities. Canan Kaftancıoğlu, after the decision is communicated to her and her party, CHP Istanbul He is considered to have resigned from his position as the Provincial Chairman. This is how the legal process proceeds.” said.
Reminding that the decisions of the local courts became final after the Supreme Court’s review, Cemalettin Gürler said, “There is a wrong opinion in the public opinion that ‘if an application is made to the European Court of Human Rights or the Constitutional Court, it will stop the execution’. “The applications made by Canan Kaftancıoğlu to the European Court of Human Rights or the Constitutional Court will not stop this execution or pave the way for her to preside.” used the phrases.
“The Supreme Court evaluated the decision of the local court with its concrete, clear and legal aspects”
Lawyer, Head of the Center for Justice Studies in Turkey (TÜRKAD), Dr. Mehmet Sarı also said that the decision of the Istanbul 37th High Criminal Court against CHP Istanbul Provincial Chair Canan Kaftancıoğlu was partially upheld by the 3rd Penal Chamber of the Court of Cassation and partially overturned.
Stating that the local court’s decision on the charges of “insulting a public official due to his duty”, “publicly humiliating the State of the Republic of Turkey” and “insulting the President” was upheld, Sarı said, “making propaganda for the PKK/KCK armed terrorist organization” and “openly inciting the people to hatred and enmity”. He noted that he was acquitted of his crimes and the verdict was overturned.
Reminding that Kaftancıoğlu’s 4 years 11 months and 20 days prison sentence was upheld by the Supreme Court of Appeals, Sarı said, “The 3rd Penal Chamber of the Supreme Court evaluated the decision of the local court in all its concrete, clear and legal aspects, and gave its decision in this direction.” said.
Explaining that Kaftancıoğlu will not be in prison for a period of time, when the amendment made in the Law on the Execution of Penalties is evaluated in the context of the execution provisions, probation and conditional release, Sarı said, “It brings a restriction in terms of exercising public rights in the Turkish Penal Code, and in this context, the sentence period is limited. He will not be able to use his right to vote and be elected, and he will lose his representation in political parties.
Stating that individual applications to the Constitutional Court and international legal inspections are open in the decision, Lawyer Mehmet Sarı said:
“While all this legal reality is in the middle, especially CHP Chairman Kemal Kılıçdaroğlu’s statements regarding the judiciary are biased. In this sense, his ignoring the reversal parts in favor of the accused in the verdict constitutes an important problem and disrespect towards the trial made in terms of Turkish courts.”
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