Case Monitoring

Prosecutor requests punishment for Nurcan Kaya due to her tweet regarding Kobanê

Diyarbakır – The prosecutor presented their final opinion as to the accusations in the trial where human rights defender and writer Nurcan Kaya faces charges of “terrorist propaganda” due to 19 posts she shared on social media. The final opinion requests up to seven and a half years imprisonment for Kaya claiming that she committed the crime consecutively, and presents the following tweet she posted during ISIS’s 2014 attack on Kobanê as evidence for crime: “Not only Kurds but all people residing in Kobanê are in resistance. Democrat Arabs are also resisting…”

Third hearing of the trial where Artı Gerçek writer and human rights defender Nurcan Kaya, whom Media and Law Studies Association (MLSA) defends, faces consecutively “making terrorist propaganda” based on her social media posts was held today at Diyarbakır 9th High Criminal Court. Kaya did not attend the hearing herself whereas her lawyer Erselan Aktan represented her in the courtroom.

Prosecutor requests punishment

The prosecutor was the first to take the floor. Stating they have no request of an extension of inquiry, the prosecutor presented their final opinion as to the accusations. Reminding the court of Kaya’s tweet, the final opinion claimed Kaya openly “justified, praised and encouraged PKK, KCK and YPG’s forceful, violent and threatening methods” and requested her punishment for “consecutive terrorist propaganda” via the press.

The prosecutor also stated Turkish Penal Code’s (TCK) Article 53 be implemented for Kaya, with regards to her right of custody and the right to elect and be elected. Article 53 of the TCK enables the limitation of some rights of citizens in the case of ill-usage of certain rights and powers.

Lawyer Aktan noted they do not accept the prosecutor’s opinion and requested time to present their defenses against it.

The court granted Kaya and her lawyers time until the next hearing, for which the date was set to September 27.