Turkey’s top court orders retrial in Gülen case, citing rights violations and insufficient evidence

Turkey’s Constitutional Court (AYM) has ordered a retrial for Hasan Sarıcı, who was convicted of membership in the faith-based Gülen movement, citing violations of constitutional rights and insufficient evidence.

The decision, published in the Official Gazette on Wednesday, emphasized that Sarıcı’s alleged activities did not constitute a crime under the law at the time of his conviction, a right guaranteed under Article 38 of the Turkish Constitution. The court ruled that the lower court failed to establish a direct link between Sarıcı’s actions — such as his use of a legally operating bank and membership in professional organizations — and active participation in criminal activities.

Sarıcı, a former teacher dismissed from his job by a government decree in the aftermath of a 2016 coup attempt, was sentenced to more than six years in prison by the Kırklareli 1st High Criminal Court. The conviction was based on his membership in a Gülen-affiliated labor union, financial transactions at the now-closed-down Bank Asya and a subscription to the now-defunct Zaman newspaper.

Turkish President Recep Tayyip Erdoğan has been targeting followers of the movement, inspired by the late Muslim cleric Fethullah Gülen, since corruption investigations revealed in 2013 implicated then-prime minister Erdoğan as well as some of his family members and inner circle.

Dismissing the investigations as a Gülenist coup and conspiracy against his government, Erdoğan designated the movement as a terrorist organization and began targeting its members. He intensified the crackdown on the movement following a failed coup in 2016, which he accused Gülen of masterminding. Gülen and the movement have strongly denied involvement in the coup attempt or any terrorist activity.

Following the failed coup, the Turkish government carried out a massive purge of state institutions under the pretext of an anti-coup fight. More than 130,000 public servants, including in excess of 4,000 judges and prosecutors, as well as 24,706 members of the armed forces were summarily removed from their jobs for alleged membership in or relationships with “terrorist organizations” by emergency decree-laws subject to neither judicial nor parliamentary scrutiny.

Such daily activities as having an account at or depositing money in a Gülen movement-affiliated bank, working at any institution linked to the movement or subscribing to certain newspapers and magazines were accepted as benchmarks for identifying and arresting alleged members of the movement.

The court criticized the trial process for not thoroughly evaluating Sarıcı’s banking activities, stating that the increase in his Bank Asya account balance between December 2013 and May 2014 did not clearly indicate compliance with alleged instructions from movement’s leadership.

In late 2013, following the corruption investigations, tensions escalated between the government and the Gülen movement. In response to financial pressure on Bank Asya, which was associated with the movement, the movement leadership reportedly urged followers to support the bank by increasing their deposits. This call led to a significant influx of funds into Bank Asya between December 2013 and May 2014.

Turkish authorities later interpreted these coordinated deposit activities as evidence of allegiance to the movement. Subsequently, individuals who increased their Bank Asya account balances during this period faced legal scrutiny, with some being accused of supporting or being members of the movement based solely on their financial activities at the bank.

It also ruled that Sarıcı’s membership in a union and subscription to a newspaper were insufficient to prove that he was part of an organization’s hierarchy or actively engaged in its activities. Furthermore, the court noted procedural gaps, particularly the lower court’s failure to adequately address Sarıcı’s defense that his financial and professional decisions were unrelated to the movement.

The Constitutional Court emphasized that criminal liability requires clear evidence of intent and active participation in organizational activities. It concluded that Sarıcı’s actions, as presented, could not reasonably be foreseen as criminal under existing laws at the time.

As part of the ruling, the court mandated a retrial at the Kırklareli 1st High Criminal Court and awarded Sarıcı compensation of 30,000 Turkish lira ($841) for legal expenses.

According to a statement from the Turkish justice minister, a total of 705,172 people have been investigated on terrorism-related charges due to alleged links to the Gülen movement since the failed coup. As of July 2024, there were 13,251 people in prison who were in pretrial detention or convicted of terrorism in Gülen-linked trials.

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