At the beginning of the trial against three Turkish/Kurdish-sponsive socialists on 14.06. 2023 before the State Protection Council of OLG Düsseldorf
On 14 June 2023, one of the largest state protection processes in Germany since the end of the 1980″s begins before the State Protection Council (7th Criminal Senf) of the Oberlandesgericht Düsseldorf (FILE: III-7 StS 1/23)
Accused of the 129, 129b StGB, are the journalist Özgül Emre, the musician hsan Cibelik (member of the internationally renowned progressive music band Grup Yorum) and the socialist Serkan Küpeli.
They are among others accused of forming the so-called German Committee of the DHKP-C (Revolutionary People’s Liberation Party Front).
The DHKP-C is an opposition force active in Turkey against the dictatorship Erdogan regime. However, in the Prosecutor General’s indictment it is called a „terrorist association abroad, according to art. 129, 129a and 129 b StGB.
Özgül Emre, İhsan Cibelik and Serkan Küpeli were arrested more than a year ago, on May 16, 17 and 18, 2022, respectively, and have been in pre-trial detention since then. Due to anti-terrorism provisions (such as placing a partition grid during defense attorney meetings and visits to relatives; letter inspection – including of defense attorney mail – by a reading judge), they are subjected to extensive isolation. In the main hearing, the court intends to continue this. Despite protests from the defense that this is a violation of the principles of a fair trial, stigmatization and prejudgement, Özgül Emre, İhsan Cibelik and Serkan Küpeli are to sit in glass cages and isolated from their defense.
The first main hearing day is on June 14, 2023, 9:30 a.m. and will take place in courtroom 1 of the bunker-like special “trial building” of the Düsseldorf Higher Regional Court. (see: www.olg-duesseldorf.nrw.de/behoerde/sitzungstermine/index.php?startDate=1686693600&orderBy=datum&sort=asc#stForm )
Only shortly before the start of the trial did the Attorney General submit documents to the defense and the court showing that an undercover agent of the Office for the Protection of the Constitution was also involved to a considerable extent in the investigations against Özgül Emre, İhsan Cibelik and Serkan Küpeli for their criminalization. The Attorney General did not communicate this important process – not even in the indictment – although it has been known to him for years. To this day, the defense attorneys have also been denied full access to these files.
Özgül Emre, İhsan Cibelik and Serkan Küpeli are not accused of any act of violence or any other criminal offense in Germany, except for membership of the DHKP-C. They have been closely monitored by the intelligence services and the BKA for many years. They were intensively monitored by the intelligence services and the BKA for many years,
but were not arrested until May of last year.
The objection is raised – and rightly so – against proceedings on charges of membership of a criminal organization (Section 129 of the Criminal Code) – such as most recently the proceedings against Lina E. and her friends – and of membership of a domestic terrorist organization pursuant to Section 129a of the Criminal Code, that it is a matter of political opinion criminal law.
However, the accusation of political influence applies to an even greater extent in proceedings under Section 129b of the Criminal Code. This is because the prosecution and now the trial of the Three are only possible because the Federal Minister of Justice, in agreement with the Federal Chancellor, the Foreign Minister and the Minister of the Interior, issued a prosecution authorization. The prosecution of a foreign organization under Section 129b of the Criminal Code requires a so-called authorization to prosecute, which is granted by the Federal Ministry of Justice. When deciding on a prosecution authorization, Germany’s foreign policy interests are to be explicitly taken into account.
According to the text of the law, the Ministry should consider whether the association’s efforts are directed against the fundamental values of a state order that respects human dignity or against the peaceful coexistence of peoples and are to be regarded as reprehensible as a whole (Section 129b (1) sentence 5 StGB).
According to the defense, these conditions are not met in the proceedings against the three. The current Turkish regime cannot be considered a state order that respects human dignity.
Turkish security forces and military and the MIT secret service violate the human rights of people living in its territory. Erdogan openly influences the judiciary. Freedom of the press is effectively suspended. Major opposition newspapers have been forced to close, and critical journalists are being dismissed and criminalized. Torture is the order of the day. A large number of cases are being brought against defense lawyers who are accused of supporting terrorist organizations because of their work as lawyers.
Progressive, revolutionary and Kurdish politicians are persecuted under the guise of fighting terrorism. The sword of Damocles hangs over every form of critical expression of opinion and oppositional action, threatening Despite this, anti-fascist and revolutionary Turkish and Kurdish organizations and individuals are currently being prosecuted in Germany on a scale that has never been seen before. In recent months, this has also been expressed in very high sentences against activists allegedly connected to the PKK or the DHKP-C. However, this also includes in the TKP/ML trial the recent rejection of the appeal by the BGH and the explicit confirmation of the sentencing of the ten members of the communist party to heavy penalties by the Munich Higher Regional Court in the ‘Munich Communist Trial’. (Ref.: 3 StR 68/22).
Our clients have been in pre-trial detention for 13 months. While racist attacks are taking place, fascist terrorist groups are up to their mischief and the AfD is able to spread its racist agitation and continue its fascistoid course, the BKA and the Attorney General have made a great effort to track and spy on our clients for years. Although this took place for years without any reason being seen to arrest them, since their arrest they are now considered dangerous terrorists who cannot even communicate freely with their defense attorneys.
The defense is of the opinion that such a regime, which tramples on human rights, cannot be a suitable object of protection under German criminal law and that this trial must therefore not take place in this way.
The defense therefore demands the withdrawal of the authorization to prosecute by the Federal Ministry of Justice, the termination of the proceedings as well as the release of our clients and their compensation for the unjustly served imprisonment!
On the part of the defense, a website with ongoing information on the proceedings will be launched shortly.
For information:
Özgül Emre’s defenders
are:
Attorney at law Yener Sözen/Gelsenkirchen and lawyer Rainer Ahues/Hanover
Defense counsel for İhsan Cibelik are the attorneys
Heinz Schmitt/Duisburg and
Frank Jasenski/Gelsenkirchen
Defense counsel for Serkan Küpeli are the lawyer
Anna Busl/Bonn and attorney Roland Meister/Gelsenkirchen
Contact via: raemeisterpp@t-online.de
