The 12th hearing of the trial against Amed Metropolitan Municipality co-mayor Gültan Kışanak and Democratic Party of Regions (DBP) co-chair Sebahat Tuncel was held at Malatya 1st High Criminal Court.

Kışanak is being investigated by Diyarbakır Chief Prosecutor's Office since October 2016 and was arrested in November 2016.

Likewise Tuncel was also detained in November 2016 while protesting at the political operation carried out against the HDP deputies.

Kışanak referred to the speech delivered in front of Diyarbakır Prison and said: “I entered prison at 19 and did not bow to Esat Oktay's persecution. I remained in a two-square-foot room in the dirt for two months. I did not read the anthems they wanted to force me to read and I was subject to torture.”

Despite all this, said Kışanak “I believed that the persecution would end, and I kept my hope so that I could also keep my mental health. What I am facing are accusations that cannot be seen as a crime in any way. No problem can be solved without facing that brutality in Diyarbakir prison. Bulent Arinç heard of my experiences and said ‘If I were in that woman's place I would go to the mountains’. But I didn't, and I stood up. In the ward beside mine a man was beaten and tortured to death. His wife was with me, and we were hearing his cry. This state owes me an apology but instead puts forward accusations against me, which I never accept as a crime.”

After the defense of Kışanak, lawyer Şivan Cemil Özen defended Sebahat Tuncel. “Our client has not been able to attend the hearing - he said - because she is on hunger strike.”

Lawyers went through all irregularities at this trial and complained that their defendants were not given the right to defend themselves as stated by the law.

Sentenced to prison

Announcing its ruling, the Court sentenced Kışanak to 11 years and 3 months in prison for “being a member of an illegal organisation”, and to 3 additional years in prison for “making propaganda for an illegal organisation”.

Tuncel was sentenced to 9 years and 9 months in prison for “being a member of an illegal organization” and to 5 years and 3 months for “making propaganda for an illegal organisation”.

Background

According to the decision published on the website of the AYM, it was stated that Kışanak was elected as co-chair of the BDP in 2010, and in 2014 as co-mayor of Amed Metropolitan Municipality to be subsequently arrested on 30 October 2016 on the allegations of ‘membership of an illegal organization’.

In the ruling issued by the Constitutional Court, Kışanak was charged under Article 100 of the Code of Criminal Procedure No. 5271 for ‘membership of a terrorist organization’, a charge confirming the legal basis for the arrest measure.

The ruling also stated that the Diyarbakır 1st Criminal Court concluded that Kışanak was heavily suspected of ‘being a member of an illegal organization’.

In order to protest the operations carried out against HDP deputies, DBP Co-Chair Sebahat Tuncel, joined the action in front of Diyarbakir Courthouse in 2016.

She was taken into custody after the police attacked the actions. An investigation was launched against Tuncel who was subsequently remanded in custody on 6 November 2016 by Diyarbakır 2nd Peace Criminal Court on charges of ‘membership of a terrorist organization’.

Tuncel had made an individual application to the Constitutional Court upon the rejection of her appeal to be released.