TRIAL OF KESK
Chief Public Prosecutor in İzmir has launched an investigation about large number of members and executives, including the members of the center executive boards of KESK and EĞİTİM-SEN. Investigation have conducted by the Chief Public Prosecutor with specific authority, authorized by Article 250 of Criminal Proceedings Law. It is understood that investigation has been initiated upon the request of İZMİR/Bergama District Gendarmerie Headquarter.
Under the investigation, (at least) 36 members’ and executives’ phones were listened for about 5 months (between January 2009 – May 2009). All accusations against them were prepared after the listening of their phones. Therefore, our members and executives were listened to create evidence for the accusations, otherwise not for committing a crime or being suspected of committing any crime.
Our members and executives have been detained on 28th May 2009. They have been kept in custody for 4 days, between 28 May 2009 R11; 1 June 2009. Out of 36 detained trade UNIONists, 31 of them were sent to 10th Heavy Penalty Court in İzmir with arrest request of public prosecutor. 10th Heavy Penalty Court in İzmir has decided to arrest 14 trade UNIONist on 1st June 2009. Public Prosecutor in İzmir has objected to this decision with the request of the arrest of the freed trade UNIONists. 10th Heavy Penalty Court in İzmir then has decided to arrest 8 trade UNIONists on 15th June 2009. Decision has been met for 7 trade UNIONists after 16.00 o’clock on 16th June 2009. Yüksel ÖZMEN, who learned the decision to arrest, came by herself to prosecutorial on 17th June 2009. 10th Heavy Penalty Court in İzmir has also decided to arrest these eight trade UNIONists on 17th June 2009.
With the request of İZMİR/Bergama District Gendarmerie Headquarter and the Public Prosecutor, and in accordance with the decision of Heavy Penalty Court, our detained members and executives have been restricted in meeting with their lawyers for 24 hours. More importantly, in accordance with the decision of privacy of file, our lawyers could not examine the investigation file until the submission of indictment to 8th Heavy Penalty Court in İzmir on 31st July 2009 and the adoption of the indictment.
Almost all of the detained and arrested members and executives are public employees. They have permanent residence addresses. In spite of these, they were detained in the middle of the night at 4:00 a.m. and 5:00 a.m. After they were detained, their homes, workplaces and trade UNIONs were searched.
With the arrest of our members and executives, almost all of whom are public employees and executives of public employees trade UNIONs and whose work and home addresses are known; with the restriction of meeting with their lawyers for 24 hours; and with the long-term privacy decision put on file, without doubt, “Fair Trial Principle’ secured with Article 5 of European Human Rights Convention has been violated.
Our members and executives are accused of “Being a Member of the Armed Terror Organization“. Yet the investigation is aimed to attack on constitutional rights of public employees.
All charges against them are related to the legitimate activities (such as May Day, Press Release for Right to Education in Mother Tongue) and trade UNION meetings. Gendarmerie and prosecutor claim that all of these activities are related to the illegal activities.
Under investigation, member of the center executive board of KESK Songül MORSUNBUL; member of the center executive board of EĞİTİM-SEN Gülçin İSBERT; former General Secretary of KESK Abdurrahman DAŞDEMİR; former member of the center executive board of EĞİTİM-SEN Elif Akgül ATEŞ; member of the center control commission of EĞİTİM-SEN Haydar DENİZ; former General Secretary of BTS Hasan SOYSAL; member of executive board of EĞİTİM-SEN in İzmir Nihet KENİ; former president of branch of EĞİTİM-SEN Mustafa BEYAZBAL; members of EĞİTİM-SEN Lami ÖZGEN, Mehmet Hanifi KURUŞ, Mine ÇETİNKAYA, Aziz AKİKOL, Hasan UMAR, Harun GÜNDEŞ, Aydın GÜNGÖRMEZ, Süeda DEMİR, Sakine Esen YILMAZ, Şermin GÜNEŞ, Şeyhmus BELEK, Erkan DENİZ, İsmail DEMİR, Mahir Engin ÇELİK, Selçuk HASPOLAT, Kemal KARAKOYUN, Murat MERİÇ, Faysal CEYLAN; member of Genel-İş affiliated to DİSK Abdulcelil DEMİR; member of BES Meryem ÇAĞ, former member og EĞİTİM-SEN Yüksel MUTLU were detained. Totally 22 members and executives were arrested.
Almost all of the people arrested are public employees, and they are members and executives of public employees trade UNIONs, affiliated to the same confederation. There has been close relationship between them because of being members of the same trade UNION and confederation aince it was founded. They have participated the common meetings, events and works. Although the situation is so clear, and our members and executives declare this situation in their statements, public prosecutor puts different meanings to their relationships, and claims that the relationship among our members and executives are associated with illegal organization.
Large number of women trade UNIONists, who execute the work related to women’s rights and take part in commissions of our trade UNIONs, were detained and arrested. Songül MORSUNBUL is Women Secretary of KESK, and Gülçin İSBERT is Women Secretary of EĞİTİM-SEN. Elif Akgül ATEŞ was served for a long time as a Women Secretary of EĞİTİM-SEN. Among those arrested, there are also executives and women secretaries of the branches, and Yüksel ÖZMEN is one of them. Other women prisoners who have participated in preparatory work of the Women’s Congresses of KESK and EĞİTİM-SEN occurred throughout the country at regular intervals have served as delegates in these congresses. These people, who have participated to the works, events and actions organized for women’s rights which is taken among the priorities of KESK since its establishment, have found themselves in a situation accused of being member of illegal organization. There is no legal basis to these accusations. Our members and executives have arranged all of their works in a transparent and public manner.
Gathered books that are found in the houses of members and executives are presented also as proof of the crime. In 21st century, the accusation of people still for reading books and publications, moreover, these publications being shown as evidence of membership of an illegal organization, is not understandable, and can not be reconciled with the freedom of thought and expression.
