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‘No evidence, yet you remain in the cell’

6faea1fec0bc6a3ced8a773aa22af1e4 - ‘No evidence, yet you remain in the cell’

Two days before Turkey decisive elections, defying a court in Istanbul all legal logic. The case against Taner Kiliç, president of Amnesty, is typical of the mess that Erdogan of justice has made.

Monday were human rights activists are still hopeful. Then came a much awaited report of the Turkish police about the case against Taner Kiliç, turkey’s president of Amnesty International. Kiliç was …

Monday were human rights activists are still hopeful. Then came a much awaited report of the Turkish police about the case against Taner Kiliç, turkey’s president of Amnesty International. Kiliç was in June 2017, is arrested and accused of terrorist activities. He would, according to the prosecutor, the famous Bylock app on his cell phone. That is an app that members of the Gülenbeweging used to secretly communicate. Turkey calls the Gülenbeweging the terreurbeweging Fetö and continues her for involvement in the failed couppoging of 2016.

But the police report of Monday, a study of Kiliç’ smartphone, his laptop, three USB drives, a sim card and a memory card, found no evidence to support that accusation to substantiate. ‘They have my old mails of 15 and 20 years back searched’, according to Kiliç. That endorses what Amnesty is already a whole year says: Kiliç is not at all involved in the Gülenisten, but was arrested because of his critical work on human rights. Enough reason for a court to immediately release them? Not yet.

Thousands of arrests ‘accidentally’

Yesterday puzzled a court in Istanbul re-create the world by the arrest of Kiliç at the last minute to renew. Because even though there is no trace of Bylock, however, the prosecutor now with new allegations about secret meetings, on the basis of an anonymous witness. For Kiliç means that once again arbitrary detention until 7 november, when his case re-occurs. ‘A travesty of the judicial process’, responded Salil Shetty of Amnesty.

That a regerings0kritische citizen for a year a long time between four walls trapped without real evidence, defies the standards of the rule of law. Also noteworthy is how prosecutors without embarrassment when their suspicions continue, even though their own police investigation that there is nothing wrong with it. Kiliç, incidentally, is not an isolated case. In december, the Turkish justice a list of 11480 mobile numbers and admitted that there are ‘thousands of people’ Bylock never had but still were arrested. It led to massive releases.

Problematic laws’

What’s wrong with those judges and prosecutors? Are they all in the pocket of Erdogan and his AKP party? ‘As far as I would probably not go’, says Turkish analyst Demir Seyrek (European Foundation for Democracy) against The Standard. “But they are clearly not as they would in a truly independent legal system. The problems begin when the laws governing the government the last time unilaterally has doorgeduwd.’ Those laws are referred to the Gülenisten, a very mysterious but the use of islamic movement, at all costs in collar to grasp. ‘That’s problematic legal framework gives judges and prosecutors at this time, very little space to correct decisions.’

Fear Factor

In addition, there is the fear factor, which, according to Seyrek now ‘at all layers of the society have played a role.’ ‘Judges and prosecutors are concerned about what is going on with them personally and can happen if their decisions go against the expectations of the government.’

Political scientist Gökhan Bacik (Palacky University) refers to Ahvalnews also to a problematic tradition in the Turkish justice. That tradition goes back to the secular Kemalisme between roughly 1923 and 1980. “The typical reflex of a prosecutor from the Kemalisme was looking to see if someone was a communist or an islamist. Justice saw the ideological and intellectual threat, always more deadly than, for example, tax evasion.’

Fixation on ‘ideological crimes’

Under Erdogan, there is, according to him, structurally, nothing has changed. ‘Today will be a typical prosecutor especially want to know if a citizen is pro-Kurdish, pro-Gülen or for the Gezi park protests (against Erdogans plans, red.).’

That fixation on ‘ideological crimes or affiliation ” can very quickly lead to a dictatorship. Only seem to the limits today reached. The unreliability of justice cost Turkey not only reputational damage, but also points to international investors. Why would you have money in Turkey to stop as a whole bedrijfsimperia from one day to the other are closed due to (alleged) ties with ‘Fetö’? According to Bacik, is that lack of respect for private property is the reason why the Turkish economy today is so bad. And that eludes the voters are not.

The opposition will play successfully on in. They promise to restore the rule of law and fair justice, not only to the Turks but also to the foreign markets. That markets distrust Erdogan’s more and more. Meanwhile knows every Turk someone who was struck by a manklopende justice. Sunday we will know if the voter Erdogan for that legacy will to punish, or not.

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