Five in court for "discouraging people from serving in the army"
Five in court for "discouraging people from serving in the army"
Five people have been taken to court last Thursday, for allegedly "discouraging people from military service" during a press meeting where they expressed support for another conscientious objector, Enver Aydemir. Conscientious objection to military service is one of the points on the electoral agenda of the BDP (Peace and Democracy Party).
The BDP (like its predecessors) as long supported the right to conscientious objection.
The prosecution held that the words "everybody is born as a baby" in the statement constituted evidence to the alleged crime.
Aydemir's lawyer Davut Erkan, his father Ahmet Aydemir, director Mehmet Atak, conscientious objector Halil Savda and writer Fatih Tezcan are on trial for the pres meeting they attended on January 21. At the time, Aydemir was not brought to court for his trial, and he was ill-treated for refusing to wear military uniform in military prison.
Savda and Tezcan made a statement yesterday in Istanbul and commented that their trial stands example to the "judiciary's affection for militarism and the military".
Article 318 of the Turkish Penal Code (TCK) is used as a threat to silence anti-militarists, they said.
Article 318 of the amended TCK was enforced on 1 June 2005 as a replacement of Article 155 of the former TCK. It stipulates:
(1) Anyone who instigates, recommends or spreads propaganda which results in discouraging people from performing military service shall be sentenced to imprisonment of from six months to two years. (2) If the act is committed through press and publications, the penalty shall be increased by one half.
In the case of Osman Murat Ülke v Turkey, the European Courts of Human Rights (ECHR) decreed in 2006 that a full deprivation of all public rights dooms the convict to 'civil death'. Nevertheless, Turkish laws were not amended accordingly.
The Council of Europe includes 47 countries and Turkey is one of two member states that do not recognize the right to conscientious objection.
The BDP (like its predecessors) as long supported the right to conscientious objection.
The prosecution held that the words "everybody is born as a baby" in the statement constituted evidence to the alleged crime.
Aydemir's lawyer Davut Erkan, his father Ahmet Aydemir, director Mehmet Atak, conscientious objector Halil Savda and writer Fatih Tezcan are on trial for the pres meeting they attended on January 21. At the time, Aydemir was not brought to court for his trial, and he was ill-treated for refusing to wear military uniform in military prison.
Savda and Tezcan made a statement yesterday in Istanbul and commented that their trial stands example to the "judiciary's affection for militarism and the military".
Article 318 of the Turkish Penal Code (TCK) is used as a threat to silence anti-militarists, they said.
Article 318 of the amended TCK was enforced on 1 June 2005 as a replacement of Article 155 of the former TCK. It stipulates:
(1) Anyone who instigates, recommends or spreads propaganda which results in discouraging people from performing military service shall be sentenced to imprisonment of from six months to two years. (2) If the act is committed through press and publications, the penalty shall be increased by one half.
In the case of Osman Murat Ülke v Turkey, the European Courts of Human Rights (ECHR) decreed in 2006 that a full deprivation of all public rights dooms the convict to 'civil death'. Nevertheless, Turkish laws were not amended accordingly.
The Council of Europe includes 47 countries and Turkey is one of two member states that do not recognize the right to conscientious objection.
