Turkey upholds sentence of MP for ‘terror propaganda’


Turkey’s Court of Cassation on Feb. 19 upheld the two-and-a-half-year prison sentence given to ├ľmer Faruk Gergerlio─člu, a human rights activist and MP belonging to the Peoples’ Democratic Party (HDP), on charges of “making propaganda for a terrorist organization.” In 2016, Gergerlio─člu raised alarm in parliament and on social media platforms about detained women being subjected to unlawful strip searches by police in the city of U┼čak for “security reasons.” He was later accused by the U┼čak Police and┬áseveral members of the ruling Justice & Development Party (AKP) of being involved in terrorist activities. Gergerlio─člu was initially sentenced by the Kocaeli 2nd High Criminal Court in February 2018, and the decision was affirmed on appeal by the Istanbul Regional Court of Justice. Following this, an appeal was made to the Court of Cassation.

Gergerlio─člu argued that MPs receive immunity from arbitrary and unfounded criminal prosecutions and arrests under provisions of the European Convention on Human Rights and the Turkish Constitution. The court ruled that the investigation against Gergerlio─člu began before he was elected as a deputy in 2018, and as a result immunity from prosecution cannot be afforded in the current case.

Several human rights organizations and civil society groups, including the International Observatory of Human Rights, wrote to President Recep Tayyip Erdo─čan to express concerns about Gergerlio─člu’s treatment. Noting that he had received personal threats after the charges were made against him, they called upon the authorities “to investigate and stop all threats directed by public officials, politicians and prosecutors at Mr. Gergerlio─člu and other human rights defenders.”

From Jurist, Feb. 21. Used with permission.

Note: The case hinged on social media posts by┬áGergerlio─člu that supposedly included photos of armed fighters from the PKK guerillas. (BIANet)

See our last posts on the HDP and PKK, and the crackdown on political opposition in Turkey.

Photo: Wikimedia Commons

  1. Gergerlioglu regains membership in Turkish parliament

    ├ľmer Faruk Gergerlio─člu, a pro-Kurdish politician, human rights activist, and member of the People’s Democratic Party, regained membership in the Turkish parliament July 16.

    Gergerlio─člu was stripped of his parliamentary membership when his two-and-a-half year prison sentence became final in March. However, earlier this month, the Constitutional Court of Turkey ruled that Gergerlio─člu’s imprisonment on terrorism charges was a violation of his right to contest in elections and engage in political activities, as well as a violation of his right to freedom of expression.

    That ruling, a summary of which was read out in the Grand National Assembly, triggered Gergerlio─člu’s reinstatement. Gergerlio─člu thanked his supporters on his first day back in parliament, stating: “Today is the day when the will of the people prevails over all injustices, and the victory of the people is manifested… I didn’t hold the watch for justice in vain.” (Jurist)