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Life and Aggravated Life Imprisonment in Turkey explained

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Life and Aggravated Life Imprisonment in Turkey explained

PostAuthor: Anthea » Thu Jul 04, 2024 11:16 am

Öcalan was sentenced to death in June 1999

In 2002, following the abolition by Turkey of the death penalty, Öcalan's sentence was commuted to an “aggravated” life sentence

That is to say without any possibility of release

A life sentence resulting from commutation of a death sentence for acts of terrorism has to be served until the end of the convicted person’s life

People forget that Öcalan is NOT the only person facing life imprisonment in Turkey
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Life and Aggravated Life Imprisonment in Turkey explained

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Re: Öcalan was sentenced to prison until end of his life

PostAuthor: Anthea » Thu Jul 04, 2024 11:37 am

No news of Abdullah Öcalan for 40 months

Do we even know if Öcalan is alive?

And if he is how long for as there has been talk about re-introducing the death penalty

Hope for the best but plan for the worst

If/when Öcalan dies, I fear Kurds will run around like headless chickens

On the one side there are the hardened PKK freedom fighters who fight and die for FREEDOM, my respects to them

On the other hand there are the very confused, ever changing, Kurdish political parties within Turkey, who seem to have forgotten ALL those who gave their lives for freedom and only seek a few rights for Kurds while keeping them enslaved
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Re: Öcalan was sentenced to prison until end of his life

PostAuthor: Anthea » Fri Jul 05, 2024 7:59 pm

Prisoner Güzel released after 31 years

Güzel, who was held in Antalya S Type High Security Prison and whose release was postponed twice for 6 months, was finally freed

52-year-old Serhat Güzel arrived at Amed Airport with his family, members of the Med Detainee and Convict Families Legal and Solidarity Associations, Detainee and Convict Families and Assistance Association (TUAY-DER), and was welcomed by many people with chants and applause.

Giving a short speech at the airport, Güzel said: "I have been released from prison, but a part of me is sad. I am happy to be reunited with my people, but I am still not free. Our struggle will continue." Güzel then set out for Erxeni (Ergani) district with his family.

Serhat Güzel was arrested in Samsun on 15 February 1991, tried at the Diyarbakır State Security Court (DGM) and sentenced to life imprisonment. Over the years, he was held in various prisons; Mardin, Ordu, Amasya, Erzurum, Kırıkkale and finally Antalya S Type High Security Prison. Güzel's release was postponed twice by the Administration and Observation Board on the grounds that he did not show "remorse".
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Re: Öcalan was sentenced to prison until end of his life

PostAuthor: Anthea » Fri Jul 05, 2024 8:00 pm

Prisoner Güzel released after 31 years

Güzel, who was held in Antalya S Type High Security Prison and whose release was postponed twice for 6 months, was finally freed

52-year-old Serhat Güzel arrived at Amed Airport with his family, members of the Med Detainee and Convict Families Legal and Solidarity Associations, Detainee and Convict Families and Assistance Association (TUAY-DER), and was welcomed by many people with chants and applause.

Giving a short speech at the airport, Güzel said: "I have been released from prison, but a part of me is sad. I am happy to be reunited with my people, but I am still not free. Our struggle will continue." Güzel then set out for Erxeni (Ergani) district with his family.

Serhat Güzel was arrested in Samsun on 15 February 1991, tried at the Diyarbakır State Security Court (DGM) and sentenced to life imprisonment. Over the years, he was held in various prisons; Mardin, Ordu, Amasya, Erzurum, Kırıkkale and finally Antalya S Type High Security Prison. Güzel's release was postponed twice by the Administration and Observation Board on the grounds that he did not show "remorse".
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Re: Prisoner Serhat Güzel released after 31 years

PostAuthor: Anthea » Fri Jul 05, 2024 8:37 pm

Political prisoner released on the verge of death dies

Mehmet Emin Soyal, who was imprisoned at the age of 78 despite his serious health problems and released on the verge of death, passed away

78-year-old Mehmet Emin Soyal, who was arrested on 19 October 2023 in Ereban town in the İdil district of Şırnak province on the allegation of "aiding the PKK" through an investigation conducted by Siirt Chief Public Prosecutor's Office, died in the hospital where he was being treated after his release from prison.

Soyal, who suffered various health problems such as vision and hearing loss, heart failure, COPD and had a 91 percent disability report, was arrested by the court on 23 October 2023 and sent to Batman M Type Closed Prison. Soyal was released on 6 November 2023 upon his lawyers' objection to his arrest.

    Speaking to the Mezopotamya Agency (MA) after his release from prison, Soyal said, "Do I regret being Kurdish? I don't regret it. I left prison with a heavy heart because I left my friends behind. Is there a greater persecution than this?"
The body of Soyal, brought to his hometown Ereban, was laid to rest with the participation of his loved ones.
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Re: Prisoner Serhat Güzel released after 31 years

PostAuthor: Anthea » Sat Jul 06, 2024 8:19 am

Osman Kavala's request for retrial rejected

Osman Kavala has seen his request for a retrial rejected once again by the Justice Ministry

Kavala is a human rights defender and philanthropist. He was sentenced to life imprisonment without parole in 2022 on charges of attempting to overthrow the government during the 2013 Gezi Park protests.

Kavala had sought a retrial based on what his defense argued were significant procedural violations and the European Court of Human Rights (ECtHR) rulings, which highlighted the arbitrary nature of his detention and called for his immediate release. Turkish courts have so far defied this decision.

The ministry’s General Directorate of Criminal Affairs dismissed the retrial request, saying that the decision of the Istanbul court was appropriate considering the context and evidence of the case. The court noted that the arguments for retrial had already been presented and dismissed during previous appeal processes, thus upholding the initial verdict.

Osman Kavala

Businessman and rights defender Osman Kavala was detained on 18 October 2017, in an investigation into the 2013 Gezi Park protests. He was arrested on 1 November and placed in the Marmara (Silivri) Prison.

He was accused of allegedly attempting to 'overthrow the government' in the context of the Gezi protests and 'the constitutional order' in the context of the July 15 coup attempt.

    He was acquitted in the Gezi Trial on 18 February 2020. However, he was not released. On the day of his acquittal, he was re-arrested on charges of attempting to 'overthrow the constitutional order.’ On 9 March 2020, he was arrested again for the same trial, this time on charges of 'political or military espionage'
The acquittal decision in the Gezi trial was overturned, and he was retried. On 25 April 2022, he was sentenced to aggravated life imprisonment for 'attempting to overthrow the government'. The appeals court upheld the decision.

Meanwhile, the European Court of Human Rights (ECtHR), in its decision of 10 December 2019, said that Osman Kavala's detention was arbitrary and based on political motives, ruling that he should be released immediately. As this did not happen, the Committee of Ministers of the Council of Europe initiated a 'violation procedure' against Turkey.

In its decision on 11 July 2022, the ECtHR Grand Chamber ruled that "[the decision of 10 December 2019] regarding Kavala, which found a violation of Article 5 in connection with Article 18 of the ECtHR, would render any action based on accusations related to the Gezi Park events and the coup attempt null and void."

The Turkish courts ignored and did not implement the legally binding nature of these two decisions.
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Re: Osman Kavala's request for retrial denied

PostAuthor: Anthea » Sat Jul 06, 2024 8:47 am

Life imprisonment in Turkey explained

Life imprisonment in Turkey is a legal form of punishment and the most severe form of punishment. In most cases life imprisonment replaced capital punishment

Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17 provisions of the Turkish Penal Code Law 5218 of 14 July 2004 abolished the death penalty completely.

This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment

New laws since 2005

On 1 June 2005 a number of new laws such as a new penal code (Law 5237), a new code of criminal proceedings (Law 5271) and new law on the execution of sentences (Law 5275) entered into force.

Articles 45 to 52 of the Turkish Penal Code (TPC) of 2005 divide sentences into strict imprisonment, ordinary imprisonment, and fines. Imprisonment is divided into aggravated life imprisonment, life imprisonment and termed sentences of imprisonment. Indefinite sentences besides life imprisonment and aggravated life imprisonment do not exist in Turkey.

The Law 5275 on the Execution of Sentences provides that prisoners sentenced to aggravated life imprisonment are held in rooms for one person and are allowed one hour of open air or sports per day. Under subparagraph c), prisoners serving aggravated life imprisonment may have their daily one-hour open-air exercise and sports period extended and may be allowed to engage in limited contact with prisoners accommodated in the same unit, depending on the risk factors, security requirements and the efforts and good behaviour they demonstrate in rehabilitation and educational activities.

Link to Full Article:

http://everything.explained.today/Life_ ... in_Turkey/
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