An objection was made against the decree issued by the 3rd Criminal Chamber of Istanbul Regional Court within the Cumhuriyet Case at the Court of Cassation. The letter emphasized that the “convictions are clearly against the law, therefore need to be reversed,” further claiming for the Court of Cassation to accept that those receiving sentences below five years of imprisonment have the right to appeal and therefore the execution of their sentences need to be postponed. The letter further claimed a lawsuit to be filed at the Constitutional Court for the revocation of the article that prevents those receiving imprisonment sentences below five years from appealing for correction and for the case to be deferred until further decree by the Constitutional Court.
In the 208-page appeal letter, signed by lawyers Duygun Yarsuvat, Fikret İlkiz, Bahri Bayram Belen, Aynur Tuncel, Tora Pekin, Abbas Yalçın and Halil Kocabaş, the lawsuit was indicated to be a heavy damage on the rights to press freedom/information whose compensation is very difficult, and hat in case the decision is finalized, free publication and journalist activities in Turkey will end with the hand of the jurisdiction. The letter further evaluated that “it is against personal freedom and security that some convictions with sentences of imprisonment are open for appeal and some are not” as this disrupts the “right to appeal” and “equality.”
On the other hand, Court of Cassation Chairman Ismail Rüştü Cirit organized a press meeting on the work within the reforms in jurisdiction, activities in 2018 and targets for 2019. Speaking on the Cumhuriyet Case, Cirit said, “The finalization of sentences below five years at appeal courts might lead to loss of rights. However, this matter must be resolved with the amendment of law.”
27.02.2019
bianet.org