by bill cobbett » Wed May 13, 2015 11:59 pm
Yes, a friend writing elsewhere gives a lengthy first-hand account of today's events, including refs to the massive psychological strain being endured by the CY couple and also including alarming suspicions that the TA are behind these new charges...
"... Protest scenes outside the Famagusta Court as threats of an additional charge is given to flag flying Turkish Cypriot couple
Tina Adamidou
It started out as a day of hope for Cypriots. It ended up with the frustrations over spilling into tears, protests and threats. Pressure for a new charge to intimidate the couple who bravely raised 3 Cypriot flags outside their shop in Famagusta was amongst the new developments at today’s courtcase. Frantic calls were made concerning the allowance of the new charge being presented 2 years after arrest and calls to specific departments concerning the permissibility were made. To my awareness to no avail.
It had been certain the trial would start today as the case had been receiving so much publicity and support. The couple were facing 3 charges since June 2013 by their defiant act of raising 3 Republic of Cyprus flags outside their shop and home in Famagusta. The charges were for Public Disorder, Non Recognition of the TRNC and Using the Republic of Cyprus flags to undermine the authority of the TRNC.
Before even going into the courtroom two attempts to get the couple to ‘negotiate’ plea bargaining began. The Prosecutor and the couple’s solicitor, Eylem Serifoglu, were asked to put to the couple the first option which was to have all charges dismissed from Cinel Senem Husseyin and Koray Basdogrultmaci to go alone with the charge of Renouncing the TRNC, additionally to withdraw the political red flag charge pertaining to raising the flags. The couple were consulted but they refused this with Cinel saying ‘we have done nothing wrong, this is Cyprus, this is my flag, we are flying my country’s flag, we flew the flag together, we will fight this together.’
More consultations produced another offer which was again subsequently refused. This was for Koray to admit provocation towards the TRNC and trying to divide, collapse and insult the President of the TRNC which would have resulted in a minimum sentence of 5 years imprisonment.
There was a small interval behind closed doors with the trial finally beginning. It was simply announced that the couple could now be charged with an additional charge to the existing 3, the new one was for Conspiracy to undermine and insult the TRNC and referred to Article 47 Criminal Law ‘any person who conspires with any other person or persons to do any act in furtherance of any seditious intention common to both or all of them or publishes any words or documents or makes any visible representation whatsoever with a seditious intention is guilty of a felony and is liable to imprisonment for five years.
Supporters of the couple who were with them at the courtroom were enraged, especially with the new political climate between the two leaders being so positive. It was also brought to our attention that Army officials were in court with the Court officials watching the footage of the tape taken at the time of the couple’s arrest which suggests to us that the Army were trying to take control of the courtcase.
Whilst the calls to the south were still going on outside to try to alert people in as to what was happening, inside the court the new charge was read out and a new court date was set for 21st May 2015 and for the first time ever a time was even given, 2pm. The new charge can hold a penalty of up to 5 years. The various other charges will not be concurrent and have individual sentences ranging from 1 month to 5 years per charge.
As the couple came out of the court, one of their young daughters was waiting for her parents a little frightened by the commotion. It was evident that Cinel had come almost to breaking point.
The press and TV cameras were there to film their statement about the new charge which had been added. Supporters and the couple then crossed to the other side of the road to quietly protest together with their placards and ever present Cypriot flag. A policeman then took a loudspeaker and spoke to the crowd that ‘Foreigners (which included the Turkish Cypriots supporters present) do not have the right to protest outside the court and have to leave now’ and this was the moment that something inside of Cinel snapped. She began shouting back that the supporters were not foreigners but Cypriots and that they had had their houses stolen from them and had every right to be there and not to call them foreigners. She carried on saying that it was seen as every Turkish speaking Cypriots right to have a Republic of Cyprus ID Card and Passport but now they are seen as foreigners, to which she then demanded that the Police produce their IDs and yelled “I can guarantee that you all possess a Cyprus ID Card, so does that also make you a foreigner?”
The frustration clearly on her face mingled with her tears was heart wrenching. Koray in turn waved the flag in front of the police and said that he refused to move. “I understand that you are just workers here and just doing your job but there is a ruling in the European courts that the TRNC is not recognised by anybody other than Turkey” and added “this court is just fake, from what was 3 ridiculous charges the TRNC has now added another charge and is trying to hide the real charge which is political. They are trying to change our Cypriot culture, trying to make this an annex of Turkey. We are Cypriots and will always be Cypriots”
The couple then refused to leave as their anger took over with their supporters trying to make them step away from even further charges being given against them. There followed an explosion of threats and amongst all the pandemonium the traffic had come to a halt. From one of these cars a Kurdish national stepped out with a Kurdish flag and joined Koray with the Cypriot flag, being given an opportunity to wave his flag alongside the one that they are trying to silence but was pushed back into his car by the Police.
The question is why has there now been a new charge added to the couple two years after the original arrest and charges? Is this legally acceptable? According to their solicitor this is not allowed but speaking to the Court Administration they said that normally this is not permissible but in certain instances it can be allowed. Their solicitor also asked inside the courtroom as the new charge was given whether at the new date of the 21st May whether they can be guaranteed that no further charges will be given to which the judge said she cannot make a promise on that.
Today had started out with sunshine and hope and as the sky began to turn grey, alongside the greyness I had this great insight to the unfairness of everybody living in the occupied areas, how they have absolutely no protection from anybody including the Courts..."