The 3rd Penal Chamber of the Supreme Court of Appeals has completed its appeal review regarding the case in which CHP Istanbul Provincial Chair Canan Kaftancıoğlu was convicted in 2019 after her trial at the Istanbul 37th High Criminal Court.
The chamber delegation upheld Kaftancıoğlu’s sentence of 4 years, 11 months and 20 days in prison for 3 different crimes, including “insulting a public official because of his duty”, while Kaftancıoğlu was sentenced to 1 year and 6 years in prison for “making propaganda for the PKK/KCK armed terrorist organization”. and 2 years and 8 months in prison for “provoking the public to hatred and enmity” were overturned. After the decision of the 3rd Penal Chamber of the Supreme Court of Appeals, Canan Kaftancıoğlu, Lawyer Selçuk Kar and Lawyer Abdullah Kıştin evaluated the process for SABAH.
Lawyer Abdullah Kistin said: First of all, in the appeal examination made by the 3rd Penal Chamber of the Supreme Court of Appeals, Canan Kaftanacıoğlu was quashed due to the fact that the elements of the crime were not formed out of two of the sentences given by the first-instance court due to 5 separate charges, and the judgments given for 3 separate charges were upheld. In the meantime, the issue that occupied the public and brought it into a discussion environment is the execution of the prison sentence of 4 years 11 months and 20 days, which was given to him for 3 different crimes, and the effect on the political rights of Canan Kaftancıoğlu, who carries a political identity.
Once Kaftancıoğlu 15.April . According to the last execution regulation of 2012, he will not be in prison like a convict, but will be released on parole only after the probation process is completed. Therefore, he will spend his punishment outside. In addition, an arrest warrant will not be issued for the execution of these proceedings, and an invitation will be sent to him by the execution prosecutor’s office to carry out these proceedings.
In terms of political rights, Article 53 of the TPC regulates this issue in detail. In the old regulation, this situation is known as the prohibition of contented rights. In the current law, in terms of security measures, Kaftancıoğlu will be deprived of political rights only during the execution period. In other words, there will be no life-long ban, therefore, he will not be able to assume the provincial presidency or any other political task during the execution period. This situation will be determined in the time period to be arranged by the execution prosecutor’s office.
Both the approval of the convictions, the reversal of the sentence for two separate crimes, and the execution processes consist of a process in which the rules are applied and operated in a general and routine manner, not for the individual, but for everyone.
CANNOT MAKE POLITICS UNTIL THE EXECUTION IS COMPLETE
Lawyer Selçuk Kar spoke as follows: In paragraph d of paragraph 1 of Article 53 of the TCK; as a legal consequence of being sentenced to imprisonment for the crime committed by the person intentionally; foundations, associations, unions, companies, cooperatives and political parties legal entities will be deprived of being the manager or auditor. Pursuant to the relevant provision, the exercise of certain rights is automatically prohibited as a legal consequence of a prison sentence in crimes committed intentionally. The court has no discretion in this matter, the measure emerges as a necessary consequence of a criminal conviction. Since Canan Kaftancıoğlu’s sentence of 4 years 11 months and 20 days in prison for 3 different crimes, including the crime of “insulting a public official due to her duty”, was upheld by the Supreme Court, her political party leadership will end and she will continue to be deprived of this right until the execution of this sentence is completed. it will.