Democracy Pary Trial

The European Court of Human Rights (ECHR) has not ruled whether or not Zana and her colleagues are criminals, but instead saw certain shortcomings in their trial proceedings. For example, the court didn’t hear certain witnesses testify. Actually the court doesn’t have to listen to all witnesses. However, calling witnesses and making the court hear them is an important part of defense. Finally Zana and her colleagues were released yesterday.

The trial will continue without their detention. It is estimated that proceedings including the testimony of new experts and nearly 30 witnesses will continue for one and a half years. Zana et al were supposed to be imprisoned until May 2005. When the Court of Appeals made its decision to release them, it considered the stage of trial and the duration of imprisonment. That is, the retrial will last for more than a year and the remaining duration of imprisonment is 10 months. These legal grounds show that Zana and her friends haven’t been convicted, although they aren’t guilty. The arrest, conviction, yesterday’s release and the final ruling are all legal transactions.

Of course Turkey’s European Union membership process had an impact on the decision. Now we are changing our laws. ECHR decisions are becoming precedents in our national law. If Zana et al consider this legal process as clearing them of the crimes of separatism and terrorism, this is a great mistake. Now, in our country, which has taken important steps on the way to becoming a democratic state under the rule of law, Zana et al must clearly and honestly voice their opposition to terrorism.”