Gülmen and Özakça detained with the unconscionable question: How are you benefitting from death?

Şeyma Paşayiğit

Academic Nuriye Gülmen and teacher Semih Özakça, who have been on hunger strike for 76 days following their dismissals under decrees with the force of law, first faced the question from the prosecutor, ‘What kind of benefits are you given for staging a death fast protest?’, and were then placed in pre-trial detention charged with ‘membership of an organisation’ with the judge citing the grounds: ‘If they are not placed in detention they will pervert the course of justice.’ Lawyer Selçuk Kozağaçlı said with reference to debate as to whether medical intervention can be made without the permission of Gülmen and Özakça, who have been taken to Sincan Prison, ‘No such action is currently legally available. They are still conscious.’
Academic Nuriye Gülmen and teacher Semih Özakça were placed in pre-trial detention by the court they were brought before on the 76^th day of their hunger strike that they embarked on seeking restoration to them of their work, livelihood and honour. Having been arrested in a raid staged on their homes the night before last, even though they attend to sign at a police station under pre-trial release conditions, Özakça ve Gülmen gave a statement to the prosecutor at the judicial complex and they were remitted following questioning by the prosecutor to the duty Penal Judgeship of the Peace with their detention sought. The prosecutor has alleged with reference to the hunger strike: ‘The protest in question was organised by the DHKP-C terrorist organisation, has changed from being an innocent seeking of rights to the endeavour to recruit members for a terrorist organisation and the hunger strike protest may turn into a death fast protest and in response to this terrorist organisations may conduct agitation over the possible deaths of the protestors.’ Özakça and Gülmen were asked the questions: ‘A video has been posted in which you play the guitar and sing and you supposedly also liked this – has it occurred to you that those who posted it might be organisation members?’ and ‘Do you wish to start Gezi-type events in our country by coordinating actions throughout our country?’
Citizens who came to support Gülmen and Özakça were forcibly removed by the police, first from the corridors of the judicial complex, and then from the front of the judicial complex. It was noticeable that the police barricaded the judicial complex corridors.
‘The order has come from the top’
Semih Özakça said while awaiting the prosecutor’s decision after their statements had been taken, ‘These intimidatory acts, threats of detention and detentions are their helplessness. They cannot deprive us of the right to ask for our jobs. We will keep up our hope. We will keep up a constant struggle until victory.’ For her part, Nuriye Gülmen said, ‘The order has come from the top. I keep on quoting Bobby Sands, and will continue to do so. They have nothing in their whole global arsenal that can break the spirit of one person who refuses to be broken. They may detain us despite being in possession of no evidence. But we will continue to refuse to be broken.’
Following the prosecutor’s controversial questions, Gülmen and Özakça once again gave statement at the court they were brought before. The duty Penal Judgeship of the Peace claimed that, despite prosecution having been initiated against them on 2 May on charges of ‘membership of an armed terrorist organisation and making propaganda for an armed terrorist organisation,’ they were persistently continuing to stage actions on behalf of the DHKP-C terrorist organisation.
 ‘The course of justice will be perverted’
The court concluded in its grounds for detention that, ‘There exists strong suspicion of guilt that Gülmen and Özakça committed the crimes with which they are charged.’ The court ordered Gülmen and Özakça’s detention on the grounds that, ‘If they are not detained they will pervert the course of justice and, taking account of the length of the penalties carried by the offences, pre-trial precautionary measures are inadequate.’ Following the ruling, Gülmen and Özakça were taken to Sincan Prison to the accompaniment of their supporters’ applause and slogans.
General Chair of the Contemporary Jurists Association, closed under a decree with the force of law, Selçuk Kozağaçlı, said with reference to debate over medical intervention, ‘No such action is currently legally available. They are still conscious. These are matters that I hope we will not broach.’
SCANDALOUS QUESTIONS TO GÜLMEN AND ÖZAKÇA
Gülmen and Özakça faced scandalous questions. Lawyer Selçuk Kozağaçlı has passed on the questions that the prosecution and police asked:
- A video has been posted in which you play the guitar and sing and you supposedly also liked this – has it occurred to you that those who posted it might be organisation members?
- What is the underlying aim of these protests in the guise of the innocent seeking of rights?
- Do you wish to start Gezi-type events in our country by coordinating actions throughout our country?
- What is the aim of your conducting a style of protest with the protests you are engaging in that is far removed from the seeking of rights and that stirs popular rancour and hatred?
- What kind of benefits are you given for staging a death fast protest? 
Ağbaba: Attempted murder
CHP Deputy General Chair Veli Ağbaba did not mince his words in saying, ‘The detention of people who have been on hunger strike for 76 days is not a prosecutor’s individual decision. It is attempted murder by an organised movement of evil!’ CHP Ankara MP, Ali Haydar Hakverdi, posting the grounds for detention on the social media site Twitter, commented, ‘There can be no such grounds in the law!!’ CHP Istanbul MP, Mahmut Tanal, railed against the AKP government saying, ‘Prove how sincere you are about your principle “Let people live for the state to live” that you have placed in the party rule book.’