MP Candidate Diçle Exempt from Elections Last Minute

Hatip Dicle, candidate of the Labour, Democracy and Freedom Block, will not be able to become a member of parliament even if he was elected in the general elections on coming Sunday. The verdict of a freedom of expression case puts a legal obstacle before his political career as reported on 9 June.

In 2009, Dicle was handed down a one-year and eight-month prison sentence by the Ankara 11^th High Criminal Court on charges of "making propaganda for the illegal Kurdistan Workers' Party" (PKK). The sentence was announced to have been finalized when the appeal filed by Dicle's lawyers was rejected by the Court of Appeals. The decision, given by the Ankara court on 18 February 2009, was upheld by the Court of Appeals 9^th Chamber on 22 March 2011. Dicle's lawyers lodged an appeal to the verdict of the Court of Appeals.

After the sentence has been finalized, Dicle will legally not be able to assume the position of member of parliament even if he would get enough votes in the parliamentary elections on 12 June because the sentence exceeds the duration of one year and the charges are defined as "terror crimes".

On 31 March 2008, the Special Authority Ankara Public Deputy Chief Prosecutor opened a trial against Dicle under allegations of "making propaganda for the terrorist organization PKK". The indictment was based on a statement by Dicle made to a news agency on 23 October 2007. He had said, "This ceasefire has become invalid. Since the army operations have not stopped, they are just using their legitimate right to defence. This is how the clashes continued until today".

One day before, İhsan Güler, Mayor of Başkale (south-eastern province of Van) was deposed from office by the Ministry of the Interior because his appeal to a conviction in 2010 was dismissed.

Again, it was the Ankara 11^th High Criminal Court that sentenced Güler. The charges of "propaganda for an illegal organization" stemmed from a speech Güler had delivered at a memorial service for a PKK member.

Güler's lawyers appealed to the State Council Chamber Board of Administrative Trials. The appeal was rejected by 23 to 20 votes. 20 of the 43 judges wanted Güler to return to office but a slim majority voted against him. (ŞA/VK)