Imprisonment of Mahmut Alınak
On 15 December 2008 the independent communication network BIA wrote that lawyer and former deputy for Kars and Şırnak province Mahmut Alınak was to serve a second term in prison.[1] Alınak had been imprisoned until 12 September 2008, because he had demanded to name streets and parks according to the killed student leader Deniz Gezmiş, Kurdish politician Vedat Aydın and Kurdish writer and intellectual Musa Anter and because he had criticized the prison conditions of PKKKurdish Workers' Party leader Abdullah Öcalan.
Alınak had spoken at a conference of the Student's Association of Kafkas University on 4 June 2006 and allegedly called for actions of civil disobedience. In January 2007 had and another 200 bare-footed people had held a press conference on the snow[2] and introduced the campaign "Young people should not die, mother should not cry". According to BIA Mahmut Alınak said during the press conference:
"Just think you would not register your children. Image that millions of people from Amed to Istanbul, Dersim to Kars and Iğdır or Ardahan fill the streets. Who can stop this huge power?... I don't send (my child) to court, to school, don't go to registration or the cadastre office. What happened? The system will go bankrupt, will be paralysed on its own... Without a shoot out with the police or soldiers, a civilian revolution. Be prepared for those days..."
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The verdict
The DTFDemocratic Turkey Forum is only in possession of the minutes of the last hearing in this case, when Kars Peace Court announced its verdict on 16 September 2008. It is uncertain whether the Court issued a reasoned verdict at a later stage.
During the hearing of 16 September Mahmut Alınak said that every day young people were dying in the fight between the State's forces and the PKK. It was the task of the administrators of the State to stop this flood of blood. Despite the duty laid down in Article 83 of the Turkish Penal Code (TPCTurkish Penal Code )[3] the prosecutors did not take action. Rather than open cases against the Prime Minister and the General Staff they indicted him for expressing his thoughts on how to stop the deaths of young people. The judges did not take any initiative to stop the flood of blood, but sentenced him. In such a situation there was no need for him to defend himself.
Kars Peace Court found that all evidence had been gathered. Without indicating which parts of the speech of Mahmut Alınak infringed existing legislation the judge Hasan Ay stated that it had been established that the defendant violated Article 215 TPC (praise a crime and a criminal). The sentence of 3 months' imprisonment was reduced for good behaviour during the hearing by one sixth according to Article 62 TPC. Thus the sentence was 2 months, 6 days' imprisonment. The sentence was commuted to a fine of 1,500 YTL (20 YTL for each day in prison).
The Court also found that the defendant Mahmut Alınak had committed the crime expressed in Article 217 TPC of inciting to break existing laws. For this offence he was sentenced to a fine equalling 60 days. This sentence again was reduced by one sixth to 50 days, the equivalent of 1,000 YTL. Kars Peace Court allowed the payment in rates but no appeal.
Since Mahmut Alınak did not pay the fine(s) he had to serve the sentence(s) as imprisonment of 2 months, 6 days and 50 days.
The Speech
Apparently the incriminated speech of Mahmut Alınak was held during the conference of the Students' Association at Kafkas University. On 24 July 2007 Mahmut Alınak issued a press release on the case including the transcription of his speech as recorded by a police officer. This press release may also have contributed to the charges against him. The DTF is in possession of the press release and the transcript. The following parts of these documents may be important:
The Press Release
Mahmut Alınak issued the press release as chairperson of the Democratic Society Party (DTP) for Kars province. He accused the administrators of the State to increase racism that had brought the country on the edge of an ethnic conflict. The atrocity in Malatya[4] showed how racism made beasts out of human beings. Mahmut Alınak alleged that six chairpersons of the DTP, many board members and the mayor of Cizre were imprisoned because of their opinions. Despite the ceasefire of the PKK (military) operations continued at the same pace.
Mahmut Alınak maintained that the deaths of soldiers served the goals of those forces that determined the politics of the State. Because he (and others) did not want soldiers, guerillas or any young person to die the Chief of the General Staff, Yaşar Büyükanıt should resign. Mahmut Alınak called people to drum on tin cans until Yaşar Büyükanıt had resigned. That would rob the sleep of the administrators of the State.
The Speech at Kafkas University
At the beginning of his speech Mahmut Alınak accused the administrators of the State not to be democratic. He praised the young people for their enthusiasm. Democracy however existed only fascist empire... But when the workers united the system of looting would be destroyed.
Later Mahmut Alınak spoke of the Kurdish question hanging around their neck like a grind stone. He referred to an article in the daily Milliyet on the court case against Orhan Pamuk trying to express that there is no freedom of expression in Turkey. Mahmut Alınak also accused the State officials of using the taxes for their own luxury. He maintained that in legal terms Prime Minister Tayyip Erdogan, the Ministers and deputies were responsible for the death of each soldier and each guerilla. Many things could be said and done to solve the Kurdish question. The DTP had a project that he (Mahmut Alınak) shared. They wanted that Kurdish deputies could speak Kurdish and that the governor of Kars had to know Kurdish, because the citizens could hand in petitions in Kurdish.
However, in prison it was forbidden to speak Kurdish, although the ban had been lifted during the rule of Özal. Mahmut Alınak promised to make proposals during the next congress of the DTP on how to renew the Kurdish and Turkish revolutionary politics in theory and practice. He said that Abdullah Öcalan had a project but watching TV, looking at the press he could not see a project for Kurdish politics.
Towards the end of his speech Mahmut Alınak said that it was useless to demand things from the government. Only if they united and could come to power they would be asked to sit at a table, but they would refuse to discus with people like Tayyip Erdogan, Deniz Baykal, Mehmet Agar or Yasar Büyükanit. After a short discussion with a police officer (not recorded in the transcription) Mahmut Alınak went on to say that the politics of peace and dialogue had to stop. He wanted a political fight to the teeth.
Calling on the Turkish and Kurdish people he said that in practical terms he was speaking of civilian disobedience so that the system would falter. That might take two years and was no utopia. Similar to the lines quoted above from BIA Mahmut Alınak said:
"If you would not register your children, I do not register my child. Or let's say a grand child was born, I do not register it. Young people will marry, I wish them happiness. They do not register their children, do not participate in counts. Image that thousands, tens of thousands, millions of people fill the streets from Amed to Istanbul, Dersim to Kars and Iğdır or Ardahan. Who can stop this huge power? There is no stadium big enough to imprison them...
I don't use the money of the State. From time to time I become an institution. I shall meet my needs getting institutionalized, using my creativity. I don't go to court, don't send my children to school, don't go to registration or the land register. What happened? The system will go bankrupt, will be paralysed on its own...
Without anyone leaving home and without getting into danger, without clashing with the police or soldiers, a civilian revolution was done. Be prepared for those days..."
Mahmut Alınak added that in his mind the Chief of Staff, the commanders of armed forces, the general director of security and all deputies committed war crimes.
Further readings
- You can search this site for "Mahmut Alinak"
- In the German wiki you can go to clickable tables to see other press reports on cases against Mahmut Alinak
- The Turkish Wikipedia (Vikipedi) has a page on him.
- On 5 November 2007 the online edition of the daily Gündem published an article on cases against Mahmut Alinak opened in 2007
Footnotes:
- ↑ See the complete article in Turkish
- ↑ See another article of 15 December 2008
- ↑ Article 83 TPC provides for heavy sentences if responsible persons do not prevent the killing of people, DTF
- ↑ Reference to the killing of three Christians
