TURKEY: Osman disobedience trial p

[greenscreen at gn.apc.org]

From: greenscreen (Umit OZTURK)
Subject: TURKEY:  Osman disobedience trial postponed

31 January 1997

Osman Murat Uelke: international observers kept from trial
Decision about "disobedience" postponed until 6 March 1997

The trial of Osman Murat Uelke for "continuing disobedience"
(Article 87/1 of the Turkish Military Penal Code) continued in
Eskisehir yesterday, Thursday, 30 January, even though Osman
himself remained in military detention in Mamak Military Prison
in Ankara, awaiting transfer to the military unit in Bilecik.

International observers from Spain and Germany could not attend 
were informed that they could not enter a military area without
permission from the General Staff.  However, lawyers acting for
Osman were allowed in.  

The judge postponed giving a verdict as he should inform Osman
in person in court.  The next hearing will be on 6 March 1997,
and Osman faces a maximum sentence of two years's imprisonment.

Meanwhile, it seems clear that to this charge of "continuing
disobedience", a further charge of "desertion" (article 63) will
be added.  That carries a sentence of up to three years.  And,
when Osman once more refuses military orders in Bilecik, a second
charge of "continuing disobedience" in a never-ending circle.

Osman's lawyers are challenging the procedure by which on 19 November
1996 as well as on 28 January 1997 Osman was taken to "his" military
unit on the order of the Military Court of the General Staff.
Apparently, this court exceeded its power and could send him only to 
a recruiting office: sending a person to a military unit is an 
administrative - not a juridical - function, and the authority of
any court is limited to the juridical. 


Posted by:      War Resisters' International
                5 Caledonian Road
                London N1 9DX
                England
                tel: +44 171 278 4040
                fax: +44 171 278 0444
                email: warresisters at gn.apc.org


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