ANKARA - Ankara State Security Court (DGM) sentenced on Wednesday former Democracy Party (DEP) parliamentarians Leyla Zana, Hatip Dicle, Orhan Dogan and Selim Sadak to 15 years imprisonment terms each in their re-trial.
The 14th trial of former deputies of DEP was completed today.
The court delegation unanimously repeated the sentence of 15 years imprisonment for Zana, Dicle, Dogan and Sadak which had been given in the first hearing in accordance with Article 168-2 of the Turkish Penal Code and Article 3713 of the Anti-Terrorism Law.
The court also announced the rejection of the request of convicts for annulment of their imprisonment sentence.
Previously, Ankara DGM sentenced Dicle, Zana, Dogan and Sadak to 15 years in prison in accordance with Article 168-2 of the Turkish Penal Code and Article 3713 of the Anti-Terrorism Law on charges of ``staging separatist activities both in Turkey and abroad in line with orders and directives of leaders of the terrorist organization PKK``.
All four defendants were stripped of their parliamentary immunity, arrested and convicted in 1994 of having links to the terrorist organization of PKK.
LAWYER ALATAS: DECISION OF THE COURT DID NOT SURPRISE US
Democratic People`s Party (DEHAP) leader Tuncer Bakirhan, Italian parliamentarian Luici Vinci on behalf of the European Parliament, members of the International Center for the Independence of Judges and Lawyers, representatives of some non-governmental organizations and a number of Turkish and foreign journalists attended the hearing.
Court delegation chairman Mehmet Orhan Karadeniz announced that former decision of the court against Zana, Dicle, Dogan and Sadak was ratified in accordance with Article 341/1 of the Code of Criminal Procedure (CMUK) arranging the decision to be made in retrial process.
Noting that request of former DEP deputies to annul the imprisonment terms was rejected, Karadeniz said that the decision was made unanimously.
During the first trial, Ankara DGM sentenced Dicle, Zana, Dogan and Sadak to 15 years in prison in accordance with Article 168-2 of the Turkish Penal Code and Article 3713 of the Anti-Terrorism Law.
Addressing journalists following the hearing Yusuf Alatas, the lawyer of former DEP deputies, said, ``the decision is not a surprise for us. The court did not surprise us today. The DGM ratified its unfair decision of 1994. Actually, we experienced a more serious and worse process in the retrial than the first hearing. Although the European Court of Human Rights (ECHR) ruled that Turkey had violated some articles of the European Convention of Human Rights, the court`s ratification of its first decision revealed its prejudices.``
``We were aware of that we have been exerting efforts in vain for the last 13 months. I believe that the ECHR and the Supreme Court of Appeals will return it. Our clients will have the right of retrial once again. This retrial process has revealed sorrowful situation of Turkish jurists. We did not struggle for freedom of only four people, we struggled for democratization of Turkey,`` he said.
Upon a question, Alatas said that Zana, Dicle and Dogan would be released from prison on March 2, 2005, and Sadak would be released from prison on October 1, 2005.
Luigi Vinci, a member of the European Parliament, said that the decision was an insult to the European Union and the ECHR.
Noting that the problem did not end, Vinci said that the struggle for democracy would continue both in Turkey and Europe.
He called on Turkish government and Turkish parliament to annul such a disgraceful decision.
Vinci said that the DGMs were biased because of their structure.
Referring to Turkey`s membership to the EU, Vinci said that Turkey should enter the EU as a civilian and democratic country by making all necessary arrangements.
Stuart Kerr, a representative of the International Commission of Jurists based in Switzerland, said, ``unfortunately, we`re not satisfied that there has been a fair trial in this retrial.``
After the law envisaging amendments to some laws, which is known as the second EU adjustment package in the public opinion, came into force on February 4, Alatas submitted a petition to the Ankara DGM for retrial of his clients.
The retrial was held after the ECHR ruled in 2001 that Zana, Dicle, Dogan and Sadak did not get a fair hearing in their first trial in 1994.
Previously, Ankara DGM sentenced Dicle, Zana, Dogan and Sadak to 15 years in prison in accordance with Article 168-2 of the Turkish Penal Code and Article 3713 of the Anti-Terrorism Law on charges of ``staging separatist activities both in Turkey and abroad in line with orders and directives of leaders of the terrorist organization PKK``.
All four defendants were stripped of their parliamentary immunity, arrested and convicted in 1994 of having links to the terrorist organization of PKK.
The four, who have already served 10 years in prison, will be eligible for release in 2005.
(GC-UK-AY) 21.04.2004