AMED - The acquittal decision given to journalist Ayşe Kara in the case where she was tried for up to 15 years in prison on the charge of "membership in a terrorist organization" was overturned by the appeal.

 

The acquittal decision given in the case filed against journalist Ayşe Kara, who was detained in Amed on June 26, 2020 within the scope of the Democratic Society Congress (DTK) investigation and released on the condition of judicial control, was overturned. It was alleged that she was a DTK delegate, a member of the Free Journalists Society (ÖGC), which was closed by the Decree Law (KHK), and Free Women Congress (Congreya Jinên Azad-KJA), and that Kara participated as an "activist" in a march in Mêrdîn in 2016, which she followed as a journalist, and was sentenced to 15 years in prison was brought to the Diyarbakır Regional Court of Justice.

 

THE SUPREME COURT DECISION WAS MENTIONED

 

Diyarbakır Chief Public Prosecutor's Office filed an appeal against the acquittal decision of the Diyarbakır 5th High Criminal Court on November 9, 2021, to the 2nd Criminal Chamber of the Regional Court of Justice. Examining the objection, the court pointed out the decision of the Supreme Court of Appeals that merely being a speaker or listener at the meetings of the Democratic Society Congress (DTK) between 2011 and 2013, the subject of which did not constitute a crime, could not be accepted as evidence or organizational activity on its own.

 

'ENOUGH RESEARCH HAS NOT BEEN DONE'

 

The appeal claimed that the local court did not wait for the outcome of a new investigation opened against Kara by the Diyarbakır Chief Public Prosecutor's Office in 2022 in the decision-making process and did not consider whether the continuity of the accusations had been interrupted and whether the accusation consisted of "membership in a terrorist organization" or "aiding a terrorist organization".

 

Again, the court stated that it should be investigated whether Kara used a "code" name indicating that she was a "member of the organization", whether she participated in the protests with "organization" calls, whether she made a speech if she did and whether any action was taken in this regard, but the local court did not conduct this investigation. They stated that it should be determined whether there is any other information, statement regarding the land and that the people should be heard as witnesses.

 

REVERSED THE ACQUITTAL DECISION

 

The appeal overturned the decision due to incomplete examination and insufficient research and sent the decision to Diyarbakır 5th High Criminal Court for a retrial.