The fact that the prosecution is still delivering legal opinions despite the acquittal decision rendered in the lawsuit that has been ongoing for 14 years –where Pınar Selek, too, is under trial– is an indication that the unlawfulness still continues.
Prosecution’s legal opinion with a null and void value
March 7th 2012
The trial continuing for accomplishing the procedural deficiencies in the other lawsuits that have been merged with the Mısır Çarşısı (Spice Bazaar) case, where sociologist-writer Pınar Selek has been acquitted for three times, was held on Wednesday, 7 March 2012 at Beşiktaş 12th High Criminal Court with Special Authority.
It was shocking to see that at this stage, the prosecution was still delivering legal opinion and asking for aggravated lifetime imprisonment in spite of the fact that Pınar Selek had been acquitted three times in the Mısır Çarşısı lawsuit. After this “null and void” legal opinion, the court case was adjourned until 1 August 2012 for the completion of statements and defenses concerning other defendants.
It was a serious indicator of the continuation of unlawfulness that a legal opinion was still delivered by the public prosecutor concerning the Mısır Çarşısı case, which will be dealt with at the Court of Cassation after the third acquittal decision. However, as the court had previously insisted on its first decision about Pınar Selek’s acquittal and since the court has abdicated from this case by giving this decision, it is not legally possible for the prosecution to deliver a legal opinion. In this context, the prosecution’s opinion is null and void. Previously, too, the prosecution had taken another unlawful step, and had requested the arrest of Selek in May when her statement was being taken due to the lawsuit from which she had [already] been acquitted. However the court had rejected the arrest request.
As may be recalled, in the court case at Istanbul 12th High Criminal Court on 9 February 2011, which was held upon the overturn decision of the General Criminal Council of the Court of Cassation, the court insisted one more time on its acquittal ruling concerning Pınar Selek hence she was acquitted for the third time.
We hereby announce that we will continue until the end with the public opinion to follow this court case, which has turned into a torture during these 14 years under an atmosphere of unknowns and we demand a final acquittal for Pınar Selek.
Hala Tanığız Platformu – We are still witnesses platform