Supreme Court Of Appeals Ratifies Imprisonment Given To Erbakan

ANKARA - Supreme Court of Appeals Criminal Department unanimously ratified on Tuesday two years and four months of imprisonment given to Necmettin Erbakan, the leader of the banned Welfare Party (RP), on charges of ''forgery in documents'' in the case publicly known as ''lost trillion case''.
The Supreme Court of Appeals Criminal Department concluded its examination on the sentences given by Ankara Heavy Criminal Court.
The Department unanimously ratified imprisonment term given to Erbakan under Article 345 of Turkish Penal Code saying that it was in compliance with procedures and laws.
The Criminal Department also ratified imprisonment terms ranging between one year and one year and two months for 69 other people who were tried also in the same case.
The Department recalled that trial of Justice and Development Party (AK Party) deputies Mehmet Emin Tutan and Ali Temur in the same case could continue if their political immunity was lifted under the Article 83 of the Constitution.
Therefore, the Department separated documents regarding Tutan and Temur and sent the file excluding documents on Tutan and Temur to the Supreme Court of Appeals Chief Prosecutor's Office to be submitted to the Justice Ministry.
ERBAKAN HAS RIGHT TO ASK FOR ANNULMENT OF DECISION OF SUPREME COURT OF APPEALS
Necmettin Erbakan, the leader of the banned Welfare Party (RP), has the right to ask for annulment of the decision of the Supreme Court of Appeals Criminal Department, which ratified imprisonment terms given to Erbakan and 69 other suspects.
Erbakan and other suspects can request that the decision that the Supreme Court of Appeals Criminal Department made on Tuesday should be annulled, which is an extraordinary legal means.
But, this request will not affect the execution.
Firstly, the Supreme Court of Appeals Chief Prosecutor's Office, which had earlier expressed view that the imprisonment term should be ratified, should accept the request for annulment of the decision. If the Chief Prosecutor's Office rejects this request, the process will be completed.
In case the Chief Prosecutor's Office accepts the request for annulment of the decision, the file will be sent to Supreme Court of Appeals Criminal Department, who ratified the sentence of a lower court.
If the request for annulment of the decision is rejected, imprisonment sentences of Erbakan and other suspects will be executed. In this case, Erbakan will serve almost 12 months in prison.
Erbakan can't be a member of a political party since he was sentenced to imprisonment on charges of ''forgery'' under 11th article of Political Parties Law. Therefore, he will leave his post as the leader of Felicity Party (SP).
Necmettin Erbakan will lose his right to be elected under Article 76 of the Constitution, Article 11 of Deputy Election Law and Article 9 of Local Administrations Election Law.
Supreme Court of Appeals Criminal Department unanimously ratified on Tuesday two years and four months of imprisonment given to Necmettin Erbakan, the leader of the banned Welfare Party (RP), on charges of ''forgery in documents'' in the case publicly known as ''lost trillion case''.
The Supreme Court of Appeals Criminal Department concluded its examination on the sentences given by Ankara Heavy Criminal Court.
The Department unanimously ratified imprisonment term given to Erbakan under Article 345 of Turkish Penal Code saying that it was in compliance with procedures and laws.
The Criminal Department also ratified imprisonment terms ranging between one year and one year and two months for 69 other people who were tried also in the same case.
(BRC-AÖ) 02.12.2003