This long-awaited decision followed the request of Turkey’s chief prosecutor to overturn the 15-year sentences handed down on the four deputıes ın 1994 and confırmed by the State Securıty Court on 21 April 2004. The FIDH considered their detention as arbitrary and constantly called on their liberation, together with many international and regional Human Rights bodies.
In December 1994, Leyla Zana, the 1995 Sakharov Price’s winner, and the three other deputies were sentenced to 15 years imprisonment for “membership of an illegal group” on the basis of article 168 of the Turkish Penal Code. In July 2001, they were being granted a retrial after nine years of imprisonment following a European Court of Human Rights judgment that ruled a breach of the right to a fair trial, and the adoption of the second harmonisation package on 23rd January 2003 by the Turkish Parliament.
The FIDH who has observed several hearings of the retrial before the Ankara State Security Court (SCC), had denounced the continuing disregards of the principle of independence and impartiality of the court. The trial of the four Kurdish deputies falled short in providing sufficient guarantees with regards to the right to a fair trial (repeated delays in the trial, violation of the principle of equality of arms between the prosecution and the defence: for example, restrictions on the lawyers’ ability to question the witnesses were observed during the hearings).
In this respect, the FIDH called for years for the abrogation of State Security courts in Turkey. It will follow closely the discussion in the Turkish Parliament at the end of this month. The Parliament will discus the adoption of the draft penal code abrogating State Security Courts.