Dismissed and arrested judge Mehmet Kahraman was sentenced 6 years 10 months 15 days in jail by Adana 2nd Assize Court for being member of armed terrorist organisation on 15 Feb 2018.
He was accused of using ByLock secure messaging mobile application which was publicly available on Google and Apple Stores.
He denied accusation and asked his acquittal but court convicted and sentenced him.
Source:
memurlar.net
Dismissed and arrested judge Kemal Çavdar was sentenced 6 years 10 months 15 days in jail by Adana 2nd Assize Court for being member of armed terrorist organisation on 15 Feb 2018.
He was accused of using ByLock secure messaging mobile application which was publicly available on Google and Apple Stores.
He denied accusation and asked his acquittal but court convicted and sentenced him.
Source:
memurlar.net
Dismissed and arrested judge Faruk Y. was sentenced 6 years 9 months in jail by Samsun 2nd Assize Court for being member of armed terrorist organisation on 13 Feb 2018.
He was accused of using ByLock secure messaging mobile application which was publicly available on Google and Apple Stores.
He denied accusation and asked his acquittal.
After convicting, court released him by considering his long detention period. He will be put in prison again if appeal courts uphold the conviction to serve remaining sentence.
Source:
www.milliyet.com.tr
Dismissed and arrested rapporteur judge at Council of State Hasan Beydili was sentenced 8 years 9 months in jail by Ankara 18th Assize Court for being member of armed terrorist organisation on 14 Feb 2018.
He joined hearing via video conferencing system (SEGBIS) from prison where he has been kept in since July 2016.
He was accused of using ByLock secure mobile messaging application which was publicly available on Google and Apple Stores.
He denied accusation and asked his acquittal.
After convicting, court ruled for continuation of his detention.
Source:
www.milliyet.com
Main opposition party CHP lawmaker Barış Yarkadaş shared a tweet on 31 Jan 2018 stating “Erdogan’s Party plans to purge by forcibly retiring 3000 more judges and prosecutors whose seniority is more than 20 years by Emergency Decree to assign loyal junior ones [in the places of retired ones].” (1)
A few days later, on 11 Feb 2018, Justice Minister Abdülhamit Gül joined Kanal7 TV programme and made statements that “[After 4560 purge] we’ve assigned 4000 new judges and prosecutors since July 15, 2016. 1300 candidates will be appointed as judges and prosecutors until March. Besides, we’ll assign 4000 more in 2018.” (2)
These appointments within 2 years appoximately equal at least 50 % of the Turkish judiciary.
Sources:
1. https://t.co/Ntt8Kh27ei
2. https://t.co/PV3mFM4HR4
Dismissed and arrested rapporteur judge at Council of State Cabir Dalcan was sentenced 6 years 3 months in jail by Ankara 2nd Assize Court for being member of armed terrorist organisation on 12 Feb 2018.
He joined hearing via video conferencing system (SEGBIS) from Ereğli prison where he has been kept in since July 2016.
He was accused of using ByLock secure mobile messaging application which was publicly available on Google and Apple Stores.
He denied accusation and asked his acquittal.
After convicting, court released him by considering his long pre-detention period. He will be put in prison again if appeal courts uphold the conviction to serve remaining sentence.
Source:
www.memurlar.net
2 judges and 2 prosecutors were sentenced to long term in prison by Samsun 2nd Assize Court for allegedly being members of armed terrorist organisation on 17 Jan 2018.
Arrested judges and prosecutors’ trials were separately held in and Beytul Fatih Karaca joined the hearing via video conferencing system (SEGBIS) from prison where he has been kept in since July 2016 while others attended trials at the hearing room.
They demanded their acquittal and release by denying all accusations.
Court convicted and sentenced Mustafa Yılmaz to 7 years 5 months 3 days, Alpay Çalışkan to 7 years 1 month 1 day, Beytul Fatih Karaca and Tevrat Ateş to 6 years 9 months in jail.
Court ruled for continuation of arrests of Mustafa Yılmaz and Alpay Çalışkan while releasing Beytul Fatih Karaca and Tevrat Ateş by considering amount of imprisonment.
Source:
www.milliyet.com.tr
3 judges and 1 prosecutor were sentenced to long term in jail by Samsun 2nd Assize Court for allegedly being members of armed terrorist organisation on 8 Feb 2018.
Arrested judges and prosecutor’s trials were separately held in and they joined the hearings via video conferencing system (SEGBIS) from prisons where they have been kept in since July 2016.
They demanded their acquittal and release by denying all accusations.
Court convicted and sentenced Osman C. and Sıddık G. to 7 years 5 months 3 days, Umut Y. to 7 years 1 month, Ahmet Ö. to 6 years 9 months in jail.
Court ruled for continuation of arrests of Osman C., Sıddık G. and Umut Y. while releasing Ahmet Ö. on condition that travel ban.
Source:
www.milliyet.com.tr
09 February 2018
The second hearing of Mahmut Şen, former member of HSYK, was held on February 9, 2018 in the 9th Penal Chamber of Court of Cassation acting as a first instance court.
Resuming on his defense, Şen stated that his dissenting opinions, he lodged for the investigation orders issued for the judges and the prosecutors alleged to have a membership in Gulen Movement entered as a critical evidence in the indictment filed against him.
Defending that his dissenting statements show his legal opinion, Şen said: “It might be wrong, it does not have to be right. If I have a wrongdoing, at most it can be said that fact is this, why haven’t you written so?”
Demanding that his decisions in which he lodged dissenting opinions be entered into his file, Şen defended that “Did I make decisions which were contrary to that of ECHR and the Constitutional Court or reflected my legal opinion? This matter should be reviewed. I don’t have to go with the majority, likewise, the majority also doesn’ t have to adopt my opinion.”
Stating that the witness is only allowed to give testimony as to the happenings that s/he can perceive with his/her sense organs, Şen defended the fact that when, where and how he was affiliated to the terror organisation and also in which activities of the organisation he attended were not explained in witness statements. Şen claimed that the confessors gave their testimonies in that way because of the moral coercion arising over them and also to get themselves out of the prison.
Also rejecting the accusation as to that he was elected as a member of HSYK by means of the effort of the followers of the organisation, Şen stated that he had eligibility and he took up the position by the votes of the judges and prosecutors also having that eligibility and the Supreme Board of Election was the competent authority to supervise the election.
Şen remarked that on the date when he was accused as a member of the organisation, there was not a final court decision convicting that structure as a terrorist organisation and added “If it is said to me that I am a sympathizer of Gulen Movement, I will make a defense differently, but I am accused of being a member of an armed terror organisation. To have a membership in armed terror organisation, a specific intent is needed. That’s to say, joining in organisation in order to commit an offense and being tight-knit to a hierachcy should be required.”
Also rejecting the claim of using the encrypted communication app of the organisation Bylock, Şen defended that just downloding this app does not constitute a crime, if so, BTK (IT Institution of Turkey) would have blocked it off. The defendant Sen stated that he considered the usage of Bylock as illegal evidence and requested for the expert examining.
Saying that no doubts to flee and tamper the evidences, Şen requested his release.
After the break the panel of court ruled its interlocutory judgement. Accordingly, rejecting the release requests of the defendant, the court ruled for the continuation of pre-trial detention for Şen and postponed the trial to May 21.
Source:
Dismissed and arrested judge Özgür Yıldız was sentenced to 6 years 10 months 15 days in jail by Adana 2nd Assize Court for being member of armed terror organisation on 9 Feb 2018.
He was accused of using ByLock secure mobile messaging application which was publicly available on Google and Apple Stores.
He denied accusation, asked his acquittal and release but court convicted and sentenced him.
Source:
https://www.memurlar.net/haber/727442/adana-da-feto-sanigi-eski-hakime-6-yil-10-ay-hapis.html