ISTANBUL - Xebat Demircan, the lawyer of Hatice Yıldız, who was sent to prison on a stretcher, emphasized that sending money to prison is not considered a crime by law.

 

Hatice Yıldız, who was sentenced to 4 years and 2 months in prison on the charge of "financing a terrorist organization" for depositing money to her daughter and her daughter's cellmate in prison, was arrested after her sentence was approved. Yıldız was taken out of her home on a stretcher and taken to prison. Yıldız is 75 years old and has high blood pressure and many health problems.

 

While Yıldız's lawyer, who got worse in prison, applied for both probation and postponement of execution, he also appealed to the Constitutional Court (AYM) on the grounds that "the principle of legality of crimes and penalties was violated" since sending money to prison is not defined as a crime in the law.

 

Xebat Demircan, a member of the Association of Lawyers for Freedom (ÖHD), spoke about the trial and arrest process of his client Hatice Yıldız.

 

Demircan stated that his client Yıldız was detained in 2021 within the scope of the investigation carried out by the Balıkesir Chief Public Prosecutor's Office on the allegation of "providing finance to a terrorist organization". Demircan said: “At that time, she was referred to the Criminal Court of Peace with a request for arrest and was released with a judicial control referral. Later, her file was given to Istanbul due to lack of authority. Her trial continued at the Istanbul 14th High Criminal Court, and as a result of the trial, she was sentenced to 4 years and 2 months in March 2023."

 

REJECTION OF APPEAL WITHOUT REASONS

 

Demircan stated that they appealed the decision with a petition stating that the penalty given was not legal and said: “The court of appeal rejected our request without justification after about a year. Later, the decision became final and Hatice Yıldız was arrested."

 

Reminding that Yıldız became ill while she was being detained at her home to be arrested and was taken out of her house on a stretcher, Demircan stated that when he went to visit Yıldız, her condition was not good.

 

'IT IS NOT A CRIME UNDER THE LAW'

 

Emphasizing that the file that led to the arrest was a one-time payment of money to the prisoners in prison, Demircan said: “We can explain the unlawfulness of this trial and the verdict as follows; There is a principle of legality in crime and punishment. According to Article 38 of the Constitution, this act is not considered a crime in the law. First of all, for this action to be considered a crime, the person it finances must be a member of the organization. The person who is arrested is a prisoner in prison, and there are already dozens of Supreme Court decisions stating that the prisoner's relationship with the organization is severed after they enters the prison."

 

LEGAL INITIATIVES

 

Demircan also stated that they expect the Constitutional Court to examine their application and make a decision as soon as possible. Demircan said: “At the same time, we demand from the execution prosecutor's office and judgeship to immediately accept the situation of postponing execution or benefiting from probation on the basis of the valid issues we presented in our petitions. Otherwise, irreparable situations may occur.”

 

Stating that there are ongoing files in the courts regarding the issue, Demircan continued his words as follows: “There are files where sentences have been given. There are ongoing trials in regional courts of justice. We want this file to be examined as soon as possible and set a precedent for the files there. This is our call to the public, the authorities and the ministry of justice. These files are illegal files. The principle of legality, which is the general principle of law, has been violated."