Istanbul mayor Ekrem İmamoğlu was sentenced to 2 years, 7 months and 15 days in prison and a political ban, according to a court decision that has not yet been finalized and the right to appeal continues.
Istanbul mayor Ekrem İmamoğlu was sentenced to 2 years, 7 months and 15 days in prison and a political ban, according to a court decision that has not yet been finalized and the right to appeal continues.
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İBB President Ekrem İmamoğlu sentenced to 2 years 7 months and 15 days in prison
The verdict was announced in the case where İBB President Ekrem İmamoğlu was tried for allegedly insulting YSK members. İmamoğlu was sentenced to 2 years 7 months and 15 days in prison. In order for the decision to become final, the processes of the appeal court and the Supreme Court must also be completed. What is a political ban? Will Imamoglu be able to continue as mayor? Can he be a politically banned mayor? The answers to your questions are in the article.
The decision has been announced in the case where Istanbul Metropolitan Municipality ( İBB ) Mayor Ekrem İmamoğlu is on trial for allegedly insulting the members of the Supreme Election Board (YSK).
Ekrem İmamoğlu was sentenced to 2 years, 7 months and 15 days in prison for “insulting YSK members”.
Ekrem İmamoğlu’s lawyer Kemal Polat attended the decision hearing at the Anatolian 7th Criminal Court of First Instance. Many CHP and IYI Party members were also present at the hearing as spectators.
REJECTION REJECTING THE JUDGE’S REJECTION Reminding
that the defendant’s lawyers requested a judge for refusal, arguing that the evidence was not fully investigated in the previous hearing, the court judge recorded that the request for the rejection of the judge was rejected by the upper court.
The promised defendant’s lawyer, Kemal Bolat, stated that they did not accept the adjournment of the announcement of the verdict and requested that Minister of Interior Süleyman Soylu be heard as a witness. The judge refused Soylu’s request to be heard as a witness.
WITNESSES HEARED
Ekrem İmamoğlu’s press advisor Murat Ongun and his political advisor Necati Özkan, who were heard as witnesses at the hearing, also argued that İmamoğlu never made any statements about the members of the YSK and YSK.
THE PROSECUTOR REPEATED ITS OPINION Explaining
his opinion on the merits, the trial prosecutor stated that he repeated the opinion he had given earlier.
In the opinion, it was requested that İmamoğlu be sentenced to 4 years and 1 month in prison for the crime of “publicly insulting public officials working as a committee due to their duties”. The prosecutor repeated his April opinion and demanded that İmamoğlu be given a prison sentence and that Article 53 of the Turkish Penal Code (TCK), which includes a ‘political prohibition’, is also applied.
The defendant’s lawyers requested time to defend against the opinion.
The judge, on the other hand, rejected this request, stating that sufficient time had been given in the previous hearings for the preparation of the defenses.
Thereupon, the lawyers of the accused requested a break from the hearing to prepare their defense.
The judge adjourned the hearing until 16.00 (3 hours) in order for the defendant’s lawyers to prepare their defenses. At the hearing, which started again after the break, the lawyers made their defense.
After the defense of the lawyers, this time the decision was adjourned.
Imamoglu, for whom a prison sentence of up to 4 years and 1 month is demanded, may face a “political ban” if he is sentenced to more than two years.
WHAT’S IN THE CLAIM?
In the indictment, it is alleged that in the statement made by İmamoğlu to journalists on November 4, 2019, he used insulting expressions against YSK members. In the indictment, where it was stated that it was understood that İmamoğlu publicly insulted the members of the YSK with the rhetoric he used during his statement, it was stated that “this word is of a nature to offend the honor, honor and dignity of the members of the board.” Considering that the rhetoric is aimed at the victims, who are public officials and work as a board, there is no doubt that the discourse is directed towards the victims,” it was stated. Imamoglu’
WHAT IS POLITICAL PROHIBITION?
The undertaking of a permanent, temporary or temporary public office by a person who receives this political, forbidden punishment; In this context, it means being barred from being a member of the Turkish Grand National Assembly or being employed in all civil service and services subject to appointment or election, given by the State, province, municipality, village or institutions and organizations under their supervision and supervision.
Article 53 of the Turkish Penal Code regarding the political ban is as follows:
‘Deprivation of the exercise of certain rights’
Article 53-(1) As a legal consequence of being sentenced to imprisonment for the crime he has committed intentionally;
a) Assuming a permanent, temporary or temporary public office; In this context, being a member of the Turkish Grand National Assembly or being employed in all civil service and services subject to appointment or election, given by the State, province, municipality, village or institutions and organizations under their supervision and supervision,
b) Ability to elect and be elected (…)
c) About custody; d) Being
the manager or auditor of foundations, associations, unions, companies, cooperatives and political party legal entities,
e) He is deprived of performing a profession or art subject to the permission of a public institution or a professional organization in the nature of a public institution, as a self-employed person or a trader under his own responsibility.
WHAT DOES POLITICALLY PROHIBITED MEAN?
Pursuant to the regulation in the legislation, “Political parties cannot nominate these people as candidates in the elections under any circumstances”, people who are banned from politics cannot become members of any party.
People who have been banned from politics can enter both general and local elections independently.
WHAT HAPPENS IF POLITICAL PROHIBITION IS COMING?
The lawsuit filed against İmamoğlu for insulting a public official. The lower limit in this case is one year in prison. It falls within the scope of a short-term prison sentence and if it is postponed, the sanction in paragraph 1 of Article 53 will not be applied in this case. However, since it is claimed that the offense of insult is committed against public officials working as a committee, it will be included in the scope of chain crime and the penalty may be increased from 1/4 to 3/4. In this case, it will be impossible to give the penalty for one year, which is the lower limit. In other words, in the event of a conviction, a prohibition will come from subparagraph “a” of paragraph 1 of Article 53 regarding the office of mayor, and subparagraph “b” will impose a prohibition on the capacity to elect and be elected.
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Political ban means he can’t be a candidate for the next elections in 7 months. He was one of the favourite candidates for the next elections, with many surveys showing him going head to head or even winning against Erdoğan.
If he can’t be a candidate in 7 months, hope it’s Mansur Yavaş.
Edit: Some infos about İmamoğlu. It’s the guy who won by little the last elections in Istanbul but Erdoğan refused the results and got the election to be held again. İmamoğlu won again but with way bigger margin this time. Since that we’ve had A LOT of propaganda against him painting him as a bad politician. I’m not saying he’s good or bad, just that we had so many bad news about him those last years. Since the Istanbul elections, he’s one of the leading figures in the “fight” against Erdoğan.
Can someone please clarify? Is this a Putin move or a fair sentence?
How ironic.
They thought they had too much power that they forgot the people’s choice. It’s really funny coincidence that Erdogan became president since he read banned poem and sentenced to 6 month prison. So tables have turned.