"President's Application not Needed to Grant Pardon to Güler Zere"

The People's Law Office announced yesterday that President Abdullah Gül has the power to grant pardon without the need of an application to political prisoner Güler Zere who is fatally ill with cancer. The Law Office also reflected what Gül said on the matter.

Gül: "We could not remain insensitive, but..."

According to Hürriyet journalist Özgür Altuncu, journalist Sedat Ergin made the following interview with Gül:

Sir, while the cameras are on, I want to draw attention to a topic related to humanitarian considerations. You know about the female prisoner Güler Zere.

Of course we cannot remain insensitive to this situation. But there is no such thing as "the president can grant pardon to whom he wants". First this issue has to be brought up before the president. I had this case studied. According to our laws, they have to appeal themselves. The Forensic Medicine will immediately evaluate the appeal. It goes to the Ministry of Justice and from there it comes to us. Some MPs wrote letters referring to this issue. Some MPs issued a motion. We answered all of them. So everybody who is interested can help to complete the procedure. This is the way we are following up.

You are a top executive. Will you call the Forensic Medicine to speed up the procedure, will there be any attempt like this from your side?

As far as I know it is not the Forensic Medicine running late. I know that there is no application to the Forensic Medicine. As written in the law, the procedure is not being carried out since there has not been a demand. These are my suggestions. If this issue does not come up with the approval of an institution, the road is open to misuse.

"Article of the constitution leaves a margin"

The People's Law Office explained that it is one of the president's powers defined in article 104 of the constitution "to alleviate penalties or suspend them for a person with chronic illness, disability or for the reason of aging". The Office emphasized that for using this power there is no need of any application, asking, "Does Güler Zere have to fall at the president's feet? Is this what the president wants?"

No decision of the Forensic Medicine General Assembly for 4 months

The Çukurova University Forensic Medicine Department and the Turkish Medical Association (TTB) prepared a report concluding that "the treatment cannot be continued in prison or in a hospital's ward". Despite this report, the Forensic Medicine General Assembly put forward that Gül's approval is needed and has not taken a decision regarding Zere since 17 July for the reason of the"lack of documents".

As Hürriyet reports, the General Assembly is meeting again today (5 November) to discuss Zere's situation.

The Contemporary Lawyers Association Istanbul Branch filed a criminal complaint against all 42 members of the general assembly for "attempted murder, neglect of duty and misuse of duty".

In the beginning of this week on 2 November Republican People's Party (CHP) MP Ahmet Ersin visited Zere in the Balcalı hospital ward in Adana. He told bianet, "Zere is on her death bed. Yet, the Forensic Medicine are dragging their feet on the matter. The Ministry of Justice as the delaying authority are dragging their feet on the matter just the same, using the Forensic Medicine Institute as a pretence". (TK/VK)