13 February 2010 / TODAY’S ZAMAN, İSTANBUL
The Supreme Court of Appeals has annulled a life sentence handed to Metin Kaplan, head of an organization called the Anatolian Federal Islamic State/the Union of Islamic Communities and Congregations (AFİD/İCCB), on charges of attempting to change the constitutional order by armed force.
The 9th Criminal Chamber of the Supreme Court of Appeals on Friday announced its ruling on an appeal for Kaplan concerning an earlier İstanbul 14th High Criminal Court ruling that had sentenced Kaplan to life in jail under the former Turkish Penal Code (TCK) Article 146 for attempting to overthrow the secular constitutional order. The 9th Criminal Chamber said in its ruling that Kaplan had set up an armed organization, which is not enough by itself to overthrow the constitutional order of the Republic of Turkey, and noted that the suspect would have had to commit acts that constitute severe crimes and potential danger in the intensity of their violence.According to the 9th chamber, AFİD/İCCB only prepared for the crime of attempting to form a state based on theocratic tenets. The 9th chamber also said the plan had never been executed and as such does not at its current stage constitute a constitutional crime. The 9th chamber ruled that the İstanbul 14th Criminal Court had mistaken the quality of the crime, and ruled that Kaplan should be tried and penalized for “establishing and administrating an armed organization,” which is punishable by a prison sentence of between 10 to 15 years under the TCK’s Article 314.
