DBP Özalp Co-mayor Handan Bağcı is jailed since October 9, 2015, Saray Co-mayor since September 30, 2016, and Çaldıran Co-mayor Suna Atabay since November 3, 2016. The reasons for the Co-mayors' imprisonment are 'membership to a terrorist organization' and 'propagating for a terrorist organization.'

ATABEY JAILED FOR 5,5 MONTHS FOR THE CONTENT SHE SHARED ON SOCIAL MEDIA

The arrested Co-mayor Suna Atabay is being charged for 'propagating for a terrorist organization.' The content Atabay had shared was considered as criminal however her indictment has not been prepared for 5,5 months.

Lawyer Deniz Yıldız stated that the arrested Co-mayors should have been released at the first hearing, and evaluated why the indictments for the Co-mayors have not yet been prepared. Yıldız said “The courts slowed down significantly after the coup. The judiciary, justice, system and mechanism have become insignificant after pro-Gülen courts and prosecutors were dismissed. The victimization of others is ignored because their focus is on the Gülen movement.”

"ARRESTS ABNORMAL"

Yıldız said “Normally, the arrests should not have taken place let alone the delay in writing the indictment. Even if they are arrested, Turkish Criminal Law gives a maximum of 3 years for propaganda. This means that the decision to release should have been given at the first hearing. However, these things don't matter for the current system. It used be certain that they would postpone the sentence in cases of arrests, but now they jail people for many months or even years.”

"THE DECISIONS ARE POLITICAL, NOT LEGAL"

Yıldız stated that criminalizing Co-mayors through the appointment of trustees to municipalities aims to legitimize the appointed trustees, and said “They will wait for the referendum before they write the indictments, the referendum results will determine the indictments. Therefore, the situation is completely political, not legal. Normally, it is impossible for these Co-mayors to be arrested. Even if they were, they would have been released in a couple of weeks after lawyers' objections. However, a different legal concept is at play regarding politicians, mayors and parliamentarians. We object to the arrests but receive no response.”

"OUR OBJECTIONS TO THE ARRESTS ARE NOT ANSWERED"

Lawyer Yıldız said “The only reason for the Co-mayors' arrest is the propaganda allegation. The delay in the indictments and the lack of a response to our objections are because of the other accusation 'membership to a terrorist organization.'

However, there is no evidence for this allegations. Since organizational membership is a categorical crime that poses an issue, they use it as a shield. They object to our objections as they use both the propaganda and the membership accusations.”

"THEY USE INTERMEDIATE COURTS AS AN EXCUSE FOR THE ECHR"

Deniz Yıldız explained the arbitrary delay in procedures in the following way:

“It can take 2 months to prepared the indictment for a Co-mayor or elected officials. The investigation is carried out effectively before the arrest and they have not presented any additional evidence. They have the authority to investigate this within 2 months.

The ECHR has convicted Turkey many times for delaying the legal procedures. In order to exonerate itself, Turkey holds intermediate courts every months in order to 'review the arrest.' However, the intermediate court aims to find a formality that would convince the ECHR, not actually review the arrest.

This has no meaning. The investigation is related to the contents of the case. Normally, it would take 1 to 2 months to prepare an indictment.”