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SUBJECT: A summary of the criticism with regards to European Convention on Human Rights (ECHR) towards the decision of The Supreme Court Criminal General Assembly of Turkey (Yargıtay Ceza Genel Kurulu, YCGK) dated 09.02.2010 demanding aggravated life time sentence for Pınar Selek.

 

Prepared by Pınar Selek’s Lawyers

 

1) In the detailed ruling of YCGK, neither the case is summarised in a true and just way nor any of the arguments of the defendant is stated. Furthermore, the truth is distorted; none of the evidence to the advantage of the applicant that can change the course of the case or the contradictions to law or the falsity and the appeals concerning the method and the infraction of the rules in the process of investigation are taken into consideration; they are denied and the reason behind this was not explained at all. While announcing Spice Bazaar explosion as a result of a bomb and Pınar Selek as the offender, YCGK, indeed, acts against the principles of the Convention, especially against “constitutional state” and “rule of law” which are included within the right for a “fair trial” stated in Article 6, and accordingly, against the principles “the court being value-neutral and independant”, “equality of armaments”, and “being clear and well-grounded”. The Assembly also acts against the obligation to investigate any evidence and claims appropriately and against Article 3 of the Convention. Putting the claims contradictory to the content of the file, which are neither legal nor scientific, in the decision as legal ground proves the fact that the principle of preserving the state is primary to the principle of being value-neutral and independent in the public judgement process; thus, this trial apparently becomes a political one.