Ümit Özdağ released: None of our constitutional rights are guaranteed
Ümit Özdağ, leader of the Zafer Party, who had been held in Silivri Prison on charges of “openly inciting the public to hatred and hostility,” appeared before the judge today. After a break in the hearing, the verdict was announced. The court sentenced Özdağ to 2 years and 4 months in prison but ruled for his release. Özdağ was released from prison around 16:30. Speaking briefly in front of the prison, he said, “None of our constitutional rights are guaranteed. A Turkey must be built where everyone is an equal citizen and no one is subjected to a different legal treatment.”
The second hearing of Özdağ's trial, held at İstanbul 18th Criminal Court of First Instance, was concluded today. Prosecutors had been seeking up to 7.5 years in prison. After Özdağ’s defence, the court sentenced him to 2 years and 4 months and ordered his release. He was released from Silivri Prison after 148 days in detention.
"NO ONE SHOULD BE SUBJECT TO DIFFERENT LAWS"
In his statement after release, Özdağ said:
“Greetings to you all. Thank you for coming here. I sincerely thank my comrades from the Zafer Party who kept vigil here for months. This was also a vigil for democracy and the rule of law. Today, I was released, but with a sentence of 2 years and 4 months. The charge against me was inciting anger toward Syrians in Kayseri. Although they had no evidence, the prosecutor insisted twice in court that my name appeared in the posts. Despite this, I was sentenced. But there is the appeals court, the Court of Cassation. You will see, I will be acquitted.
The Turkish public did not accept this verdict with their conscience. There was not a single piece of evidence, but they can imprison you for five months using physical force. None of our constitutional rights are guaranteed. A Turkey must be built where everyone is an equal citizen and no one is subject to a different law.
My first political statement: Where were we? We'll continue from there. In prison conditions, it's not possible to speak to other detainees if you're kept in a single room. You can only run into each other during lawyer visits. Even then, Ekrem Bey and I were seated at opposite ends, so we had no chance to talk. We only managed to exchange greetings three times. No real communication was possible.
What I’m most curious about is how the reasoned judgement will be constructed. We'll see how this goes through appeals and the Court of Cassation. The first thing I wanted to do upon release was pray in the mosque nearby, but the gendarmerie didn’t allow it. I’m heading to Ankara now and will resume work afterwards.”
PREVIOUS HEARING POSTPONED SIX DAYS AGO
Özdağ, who had been in custody for nearly five months, had first appeared in court on 11 June after the indictment was prepared. The hearing was then postponed to today. In the 11 June session, after Özdağ delivered his defence, the prosecutor had demanded a prison sentence of 1.5 to 4.5 years and the continuation of his detention. However, a new prosecutor was appointed to the case, and the charge was increased to a 'serial offence,' raising the sentence sought to between 4.5 and 7.5 years.
"IF I WERE PRO-GOVERNMENT, I WOULDN’T BE HERE"
Addressing the judge, Özdağ said:
“I’m here as part of a political investigation. If I were a pro-government politician, I would never have been brought before you. Even if I had been, you would have easily acquitted me. But I’m not pro-government, and we’re going through a time where that is treated as a crime. So your task is not easy. I’m sure you’re under great pressure. Everyone who knows you says you’re a good lawyer. With the only fair ruling today—a ruling of acquittal—you’ll send a message to 86 million people who are anxiously watching this trial, to the Turkish nation, that even if we lack an independent judiciary, there are still independent judges. You’ll rekindle hope in justice.
"YOU SAW HOW BASELESS THE OPINION WAS"
You saw how weak the case files, indictment and the prosecutor’s opinion are. Court of Cassation decisions say the perpetrator must subjectively intend to incite hatred and hostility. I, however, showed you statements I made to prevent hatred and hostility, and even the complaints I filed as proof. The evidence I submitted during my defence showed beyond any doubt that I am not a person who poses a threat to Turkey’s safety. If we were in a country with truly independent courts, I wouldn’t have spent 149 days in prison. We wouldn’t be having this conversation.”
WHAT HAPPENED?
On 19 January, one day after stating at his party’s provincial meeting in Antalya that “No Crusade in the last thousand years has caused as much harm to the Turkish nation and Turkish state as Erdoğan and the AKP,” Özdağ was detained in Ankara.
He was taken to the İstanbul Courthouse via the İstanbul Police Department and was arrested on charges of “openly inciting the public to hatred and hostility.”
Source: Ümit Özdağ tahliye edildi: Hiçbirimizin anayasal hakları güvence altında değil
