(en) TURKEY: IDH-ISKD Trial Changed Hands <fwd>

H Calbayram (hcalba@essex.ac.uk)
Sat, 13 Dec 1997 15:53:43 +0000 (GMT)

A AA AAAA The A-Infos News Service AA AA AA AA INFOSINFOSINFOS http://www.tao.ca/ainfos/ AAAA AAAA AAAAA AAAAA

--- Begin Forwarded Message --- Date: 13 Dec 1997 00:21:00 +0200 From: "War Resisters Ass. Izmir" <osi@info-ist.comlink.apc.org> Subject: TURKEY: IDH-ISKD Trial Changed Hands Sender: "War Resisters Ass. Izmir" <osi@info-ist.comlink.apc.org>

Reply-To: "War Resisters Ass. Izmir" <osi@info-ist.comlink.apc.org> Message-ID: <6jlaDXMgxmB@xp-osi.info-ist.comlink.de>

TURKEY: IHD - ISKD Trial Changed Hands

The last session of IHD-ISKD trial which was based on accusation of "alienating people from military service" (Article 155 of Turkish Penal Code) was held in the Military Court of General Staff on December 1997. After one year passed, the Court decided that due to the factors of Article 155 did not exist in the article which was written by ISKD and published by IHD Ankara Section, the Military Court of General Staff had no duty in the case. In addition, the Court mentioned that the article includes factors of Article 159 of Turkish Penal Code, "insulting the moral character of state". The sentence of Article 159 is from 1 year up to 6 years and criminal courts are on duty for it. So, the Military Prosecutor of General Staff will send the file to the Criminal Court of Ankara and a new trial will come into agenda on the accusation of "insulting the moral character of state" (Article 159 of Turkish Penal Code).

Our opinion is that the Military Court of General Staff abstains from giving a sentence because they do not want to open the way to the European Human Rights Comission; but also they do not want to give a decision of acquittal; so they send the file to the Criminal Court. The army which has a modern and "democratic" appearance and which is the guarantee of "Turkish democracy" against the fundamentalist Islamic movement abstains from being in trouble with Western world and loosing prestige. Probably, the Military Court of General Staff considers that it can defend judgement of conscientious objectors, because it is a matter of national security, etc; but it considers that a trial against an article which critizes not specially Turkish army but conscription all over the world can not be legitimated. This is of course just a comment. In any case, this seems as the result of hard working on the area of jurisprudence and international solidarity.


Serdar Tekin ## CrossPoint v3.02 ## --- End Forwarded Message ---

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