'Violation' decision on the article that the Parliament did not go to regulate 

2023-06-17 10:22:36


	DİYARBAKIR - Another sentence given by the Constitutional Court for "helping the organization without being a member of a terrorist organization" was overturned. After the decision of violation, Ömer Mutlu's release was stopped and it was decided that he should be tried again.

	An indictment was prepared against Ömer Mutlu on 6 different charges on December 1 of the same year, who was arrested after being detained for a demonstration he attended in Amed in 2014. Diyarbakır 5th High Criminal Court sentenced Mutlu to 7 months and 15 days for "participating in meetings and marches by carrying weapons and similar devices or making themselves unrecognizable", 6 years 3 months for "committing a crime on behalf of an organization without being a member of a terrorist organization". He was sentenced to 3 years, 1 month and 15 days in prison for "publicly humiliating his signs", 1 year 3 months for "making propaganda for a terrorist organization" and 13 years and 9 months for "entering military forbidden zones". While the sentence for "entering military forbidden zones" was overturned by the 16th Penal Chamber of the Supreme Court of Appeals, the sentences given for other charges were upheld.

	 

	VIOLATION DECISION FROM THE CONSTITUTIONAL COURT

	 

	Mutlu's lawyer, Bünyamin Şeker, took action after the Constitutional Court's (AYM) pilot violation decision, which was taken from the Hamit Yakut file on the charge of "committing a crime on behalf of the organization without being a member of a terrorist organization" and demanding regulation from the Parliament. Lawyer Şeker applied to the Constitutional Court against the sentence given to his client for the allegation of "committing a crime on behalf of the organization without being a member of a terrorist organization". In the application, it was stated that Mutlu used "his right to assembly and demonstration marches".

	 

	The AYM found Mutlu to be right. The Constitutional Court ruled that the crime of “committing a crime on behalf of the organization without being a member of an organization” is “incompatible with the principle of legality” and “not foreseeable”. The Constitutional Court decided that Mutlu's freedom of expression and right to organize meetings and demonstrations were violated.

	 

	RELEASE AND RETRIAL

	 

	Lawyer Şeker applied to Diyarbakır 5th High Criminal Court after the decision of violation. In the application, a retrial and a stay of execution were requested. The court decided that the release of Mutlu, who was sentenced to death twice on the grounds that he did not have “good behavior”, should be suspended and he should be tried again.

	 

	Mutlu was released from Şakran No. 4 Type T High Security Prison, where he was detained after the verdict. Mutlu is expected to be tried again in the coming days.

	 

	MA / Cengiz Özbasar