J’ai assisté le 9 février 2011 à Istanbul au nième procès contre Pinar Selek.

J’ai entendu ses avocats démontrer - preuves indiscutables à l’appui - qu’il était absolument impossible qu’elle soit coupable de ce dont elle était accusée : avoir déposé une bombe au bazar d’Istanbul.

Trois heures après, elle était acquittée et libre.

Le lendemain, elle était toujours coupable : le Parquet avait fait appel.

Le 22 novembre 2012, le même tribunal de la Cour pénale n° 12 d'Istanbul a décidé d’annuler la décision d’acquittement qu’il avait lui même rendu le 9 février 2011, au mépris de toutes les règles les plus élémentaires du droit.

La justice Turque, outre qu’elle s’est ainsi déjugée aux yeux du monde entier, a ainsi démontré que les procès sans fins dont Pinar Selek est accablée, n’a plus de justice que de nom.

Il faut que le cauchemar que vit Pinar Selek depuis 14 ans cesse.

Il faut que la justice Turque cesse de légitimer des mensonges d’Etat.

Marie-Victoire Louis

Istanbul

13 décembre 2013

Pınar Selek’in yanındayım

9 Şubat 2011 tarihinde, Istanbul’da, Pinar Selek’in üçüncü kez beraat ettiği davaya ben de katıldım.

Orada, savunma avukatlarının kesin delilleri nasıl ortaya koyduklarına tanık oldum. Hepimizin huzurunda ortaya çıktı ki, Pınar Selek’in Mısır Çarşısı’na bomba koymakla suçlanması mümkün değildi.

Üç, saat sonra Pınar tekrar beraat etti.  

Ertesi gün ise, duyduk ki Pınar yine aynı gerekçelerle suçlanıyordu : Savcı beraat kararını temiz etmisti.  

22  Kasım 2012 tarihinde, aynı 12. Ağır Ceza Mahkemesi, tüm hukuk ilkelerini çiğneyerek, usül ve yasaya aykırı olarak, yetkisi olmadığı halde, 9 Şubat’ta vermiş olduğu beraat kararını geri aldı.

Türk adaleti, tüm dünyanın gözleri önünde, böylece göstermiş oldu ki Pınar Selek’in maruz kaldığı sonu gelmeyen bu dava süreci, hukuktan yoksundur.

Pınar Selek’in 14 yıldır yaşadığı bu kabus bir son bulmalıdır !

Türk adaleti bu yalanları meşrulaştırmaya bir son vermelidir.

Marie-Victoire Louis

Istanbul

13 décembre 2013

To support, in solidarity with Pinar Selek

In Istanbul on February 9th 2011, I attended another trial against Pinar Salek.

I have listened to her lawyers demonstrating – based on undisputable proof – that it was absolutely impossible for her to be found guilty of the crime she was accused of : to have dropped a bomb in the bazar of Istanbul.

Three hours later, she was acquitted and set free.

The day after, she was still guilty. The prosecutor had appealed.  

On November 22nd 2012, the same penal court n°12 of Istanbul decided to cancel the decision of her innocence given on February 9^th 2011, disregarding fundamental legal principles.

Turkish judicial system, notwithstanding the fact that the Court came back on its position in front of the whole world, has demonstrated with endless criminal charges against Pinar Selek its lack of justice.

The nightmare Pinar Selek has been living for 14 years has to end.

Turkish justice has to stop legitimizing lies from the state.

Marie-Victoire Louis

Istanbul

December 13th  2012

De retour d’Istanbul:

Sans entrer dans les enjeux juridiques de ce qui s’est passé à Istanbul le 13 décembre, voici la fin de la déclaration de Yasemin Öz, « International Spokesperson of Pinar Selek Support Committee », sous le titre : Pinar Selek case: Scandalous ruling unprecedented in the world’s history of law (17 décembre 2012)

(…] We are in a very critical position. There is a huge risk that Pinar Selek shall receive life time sentence if the court does not take its decison  (overruling Pinar's acquittal) back. So we kindly urge you to come to Istanbul to observe Pinar's next trial which will be held on 24th of January, 2013. Any of your contribution will be vital.
We do hope that you can come to the court to support justice. […] ».

[…] Nous sommes dans une situation très critique. Il y a un risque immense que Pinar Selek soit condamnée à une peine de prison à vie si la cour ne revient pas sur sa décision (revenant sur l’acquittement de Pinar). Aussi nous vous demandons instamment de venir à Istanbul pour observer le prochain procès qui aura lieu le 24 janvier 2013. Chacune de votre contribution sera vitale.
Nous espérons vivement que vous pourrez venir afin que justice soit rendue.

Pour information, 2 sites :

Pinarselek.fr (Comité de soutien. France) et Pinarselek.com (Site Turquie)

Paris, 18 décembre 2012

Depuis lors, deux textes importants :

1) The unlawfulness in the Pinar Selek case goes on
http://www.pinarselek.com/public/page_item.aspx?id=1696
Following the scandalous ruling at the last hearing of the ancillary cases related to the Spice Bazaar case, of which sociologist-writer Pinar Selek had been acquitted three times, the hearing that took place on December 13th, 2012, Thursday at the Caglayan Courthouse 12th High Criminal Court attracted a great deal of attention of the public. At the press statement that was organized by the “We Are Still Witness” Platform and read by Deniz Türkali, the endorsing national and international institutions were announced and the recent, very conscious and elaborate operation under the guise of law was pointed out. Türkali reminded that anyone who was confronted by a problem consulted Pinar; that Pinar never let go of their hand and concluded the press statement with this wish: “We are proud of holding Pinar Selek's hand. We will never let go of it until the day that we all celebrate her freedom on the streets of this country. That day, she will again be standing upfront, waving at us all, so that we sing our songs altogether. That very day, we will make confetti out of all these press statements, throw them in the air and laugh out loud to celebrate. What we call justice boils down to this picture.”
At the trial that started in the hearing room that was jam-packed with many intervening lawyers and international observers, the temporary court has stated with an interim ruling that the demand of recusation of the lawyers of Pinar Selek has been turned down by the court. In response, the lawyers of Pinar Selek declared that they will make an objection to the rejection of the recusation demand that they have just found out, reminding that “a new session cannot be initiated by or in the presence of the judge that is recused without a definitive judgment on the recusation”. However, according to the Turkish Criminal Procedures Act (CMK), since there is no definitive judgment on the recusation, the temporary judges should never have proceeded with this hearing, but the prosecutor has, moreover, repeated his opinion on the case itself and asked the lawyers their statements of defense on the case. The effort of the judges to continue with the proceeding before the defense’s right to make an objection to the refusal of the court is complete has once again cracked wide open the extent of the unlawfulness in the Pinar Selek case that is being observed lately.
The court has announced its ruling after a long break and has decided that the lawyers of Pinar Selek make their legal objection at the Istanbul 14th High Criminal Court which is the authority for objection, and that they plead about the case at the next hearing should they wish to do so. The date of the next hearing was announced as January 24th, 2013 Thursday, 10:30 am.
 
While the most basic violations on the procedure went on, it was received with great concern and reaction that in the trial records, defense about the accusations was constantly mentioned as if the judgment of acquittal made about Pinar Selek were not a final ruling. The committees from Turkey and abroad and supporters from all walks of life including members of parliament, journalists, writers, artists and activists who have closely been following the case have stressed that they will keep up their struggle in the face of these ongoing legal scandals, and that one should be immensely cautious and conscious about the way this case goes.
 
The Pinar Selek case is being closely watched by the world public in the light of the latest declarations from members of the European Parliament and the EP rapporteur on Turkey. International social science institutions, academies and human rights organizations have announced that they will follow this case until justice is done.
“We Are Still Witness” Platform

2) PRESS RELEASE – OBS. THE OBSERVATORY for the protection of human’s rights.
TURKEY: Heavy Penal Court due to issue a fourth verdict on January 24, 2013 against Pinar Selek

Paris-Geneva, December 21, 2012. Ms. Pinar Selek's lawyers expect a fourth verdict will be issued by Istanbul Heavy Penal Court No. 12 on January 24, 2013. The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), which has been following these criminal proceedings since 2011, conducted a judicial observation of the last hearing held on December 13, 2012.

 After Istanbul Heavy Penal Court No. 12, against all odds, decided on November 22, 2012 to amend its previous decision to acquit Ms. Pinar Selek, a writer and sociologist who has been actively defending the rights of vulnerable communities in Turkey, in a criminal case that has been ongoing since 1998, though the decision of this same court to acquit Ms. Selek remained pending before the General Assembly of the Court of Cassation – thereby violating basic procedural principles, the court was due to issue a new verdict. On December 13, 2012, Istanbul Heavy Penal Court No. 12 attempted to finalise the examination of the criminal case for the fourth time.
 
 The Observatory recalls that, in 1998, Ms. Pinar Selek was in turn accused without proof of supporting the Kurdistan Workers’ Party (PKK) and then of causing a bomb to explode in Istanbul’s Egyptian bazaar on July 9 of the same year. On the basis of these accusations, she was detained during two years and subjected to torture and ill-treatment, until her provisional release in 2000. The court’s investigations largely confirmed the absence of any bomb and attributed the explosion to a gas leak; in addition the other defendant in the case who had accused her during interrogation withdrew his statement during the trial. Accordingly, Istanbul Heavy Penal Court No. 12 acquitted her on three occasions: in 2006, 2008, and for the last time on February 9, 2011. Nonetheless, following appeals by the Prosecutor, the Court of Cassation quashed the first two acquittal decisions. As of today, Istanbul Heavy Penal Court No. 12's last decision of acquittal made in 2011 has not been examined by the Court of Cassation and has therefore the effect of res judicata.
 
 Ms. Pinar Selek's lawyers filed a petition to revoke the Presiding Judge on account of “impartiality”. This motion was rejected by Istanbul Heavy Penal Court Nos. 12 and 13 and is to be reviewed by Istanbul Heavy Penal Court No. 14. Ms. Pinar Selek's lawyers expect it to be rejected for the third time and the verdict to be read on January 24, 2013.
 
 “We are concerned that Istanbul Heavy Penal Court No. 12 will convict Pinar Selek this time. There is no new evidence incriminating her, no victims standing trial, no witness. Nonetheless, the judicial system continues to be misused to prosecute her. This is tantamount to judicial harassment!”, denounced Souhayr Belhassen, FIDH President.
 
 “This judicial harassment is unprecedented. If the Court confirms this decision, we can conclude that there is no more legal certainty in Turkey”, added Gerald Staberock, OMCT Secretary General. “We firmly condemn this decision, and call upon the judiciary authorities of Turkey to review it immediately”, he concluded.
 
 More generally, the Observatory further reiterates its call on the Turkish authorities to immediately and unconditionally put an end to the uninterrupted harassment that has been targeting Ms. Pinar Selek for more than 14 years, as it seems to merely aim at sanctioning her for her legitimate exercise of the freedom of opinion and expression.
 
 For further information, please contact:
 • FIDH: Audrey Couprie / Arthur Manet: + 33 1 43 55 25 18
 • OMCT: Delphine Reculeau: + 41 22 809 49 39