On behalf of ÇHD,
Bal?m ?dil DEN?Z
STATEMENT ON KOZA?AÇLI BEING ARRESTED ONCE AGAIN
Explanation on current events:
The decision to release is subject to appeal. The prosecutor’s office used this remedy and appealed against Selçuk’s release decision. Therefore, there is a new custody warrant. Upon this warrant, Selçuk Koza?açl? is unlawfully taken under custody (in less than 24 hours after his release). As of 2 pm (GMT+3) the only official announcement is by the Prosecutor’s Office and states “Selçuk Koza?açl? was taken under custody today in accordance with the custody warrant issued against him upon the objection made by the prosecutor’s office against the release of Selçuk Koza?açl? yesterday.” This far it is unclear whether the release decision is revoked or whether the PO’s objection/appeal is accepted by the court.
It is also expected that Koza?açl?’s release may have been canceled by a decision of the Administrative and Monitoring Board, which is unprecedented. Koza?açl? was brought to the Istanbul Courthouse and possibly will be sent to prison without being brought before the prosecutor or the court.
A similar chain of events took place in 2018. Lawyers from the ÇHD, including Selçuk Koza?açl?, were released on September 14, 2018 after a year in detention. Two days later, a new arrest warrant was issued for 12 of the 17 released lawyers.
Detention and Release Process until 17th of April:
Selçuk Koza?açl?, the Honorary President of ÇHD, has been in Silivri F-Type Prison since November 2017, when his last continuous detention began. In November 2022, Selçuk Koza?açl? was sentenced to 12 years in prison for membership of an illegal organization under the Anti-Terror Law. In 2024, the sentence was reduced to 11 years and 3 months by the 3rd Criminal Chamber of the Supreme Court, the verdict was announced in April. Koza?açl? was also detained between January 2013 and March 2014, also on the basis of the same case file, . Since the file on the basis of his detention during this period was merged with the file on the upheld prison sentence, Koza?açl?’s time in prison has reached nearly 9 years in total.
According to the Turkish Law, if three-quarters of the sentences imposed under the Anti-Terror Law are served in a closed penal institution, the sentence in question is considered met the conditions of release. However, a new regulation introduced in 2020 stipulates “good behavior” in addition to this time requirement. “Good behavior” is determined by an evaluation by the Administration and Observation Board of the Prison Directorate.
As of February 11, 2025, Selçuk Koza?açl? has completed three-quarters of the sentence specified in the Turkish Execution Law. In other words, there is no obstacle to Koza?açl?’s release. Despite this, the Administration and Observation Board of the Prison Administration gave Koza?açl? a score of 37.75 “for good behavior” (40 points out 100 are required for release) without providing any legal/rational justification and therefore prevented his release.
Administrative and Observation Boards prevent the release of many prisoners in Turkey who, like Koza?açl?, have been arrested on political grounds. These decisions can be appealed before the Penal- Enforcement Judgeship. This appeal was made by Koza?açl?, and the Enforcement Court ruled that the Board’s decision not to release him was erroneous, albeit on different grounds than the grounds Koza?açl? had appealed.
However, the Prosecutor’s Office appealed against this decision to the High Criminal Court and once again the release was delayed.
On 16.04.2024 (evening), despite all these delays, preventions and obstacles, Koza?açl? was finally released due to the great solidarity shown with him.
SUMMARY:
In summary, as far as is known at the moment, Selçuk Koza?açl? has been detained and brought to the Istanbul Courthouse on the grounds of a new legal calamity called an appeal against his release. The ÇHD has called on fellow lawyers to come to the Istanbul Caglayan Courthouse in solidarity.
Shoulder to shoulder against fascism! Oppression cannot intimidate us!
Progressive Lawyers Association
