Istanbul prosecutor prepares formal extradition request for the 8 Turkish military fugitives

Istanbul prosecutor prepares formal extradition request for the 8 Turkish military fugitives

Athens, August 11, 2016/Independent Balkan News Agency

By Spiros Sideris

According to reports in the Turkish press, the General Prosecutor of Istanbul, has sent a document with specific allegations against the eight soldiers who have fled to Greece after the failed coup of July 15 in Turkey.

The Attorney General of Istanbul, sent evidence that support the allegations against the 8 fugitives of the Turkish military, regarding their participation in the coup, as in the indictment there are according to information talks of the “8” with crews of other helicopters, that as is stated participated in the attack in Marmaris against the Turkish President.

The indictment of the Prosecutor of Istanbul has been transferred to the Ministry of Justice of Turkey in the Foreign Affairs department and from there will be officially sent to the Greek Ministry of Justice, for the issuing of the eight defendants.

After the verbal notes of the Turkish Foreign Ministry, which legally are not considered as an official request, this will be the first official document on the part of the Turkish Government, which will officially ask the extradition of the 8 in Turkey.

The 8 Turkish military fugitives are under administrative detention at the police station of the Olympic village in Athens and await the 19th August, when they will give their interviews for asylum have applied. As highlighted by the Greek government, the extradition or not of the eight Turkish military officers will be decided on the basis of Greek and International Law.

According to information of IBNA from Turkish diplomatic sources, the eight officcers, will be tried as citizens based on the Criminal Code of the Republic of Turkey, since they have been discharged from the Armed Forces.

According to the Criminal Code, the 8 face sentences from two years to life imprisonment.

Penal Code of the Republic of Turkey

FIFTEENTH SECTION

Offenses against Constitutional Order And Operation of Constitutional Rules

ARTICLE 307

(1) Those who attempt to abandon the rules stipulated by the Constitution of Turkish Republic, or try to bring constitutional order different than the one in force, or avoid implementation of the rules physically by use of force or threat, is punished with heavy life imprisonment.

(2) In case of commission of other offenses along with this offense, the offender is additionally punished according to the provisions relating to these offenses.

(3) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Assault or physical attack upon the President

ARTICLE 308

(1) Any person who attempts to assault the President is punished with heavy life imprisonment. Even the attempt is considered as completion of the offense and the offender is punished accordingly.

(2) The punishment determined for this offense is applied with an increase by one half if a person involves in other physical attacks upon the President.

Offenses against Legislative Organs

ARTICLE 309

(1) Any person who attempts to dissolve Turkish Grand National Assembly, or partially or entirely avoids performance of the legislative organs by using force or threat, is punished with heavy life imprisonment.

(2) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Offenses against Government

ARTICLE 310

(1) Any person who attempts to dissolve Government of Turkish Republic, or partially or entirely avoids its performance by using force or threat, is punished with heavy life imprisonment.

(2) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Armed revolt against the Government of Turkish Republic

ARTICLE 311

(1) Any person who provokes the citizens to rise an armed revolt against Government of Turkish Republic, is punished with imprisonment from fifteen years to twenty years. If succeeded in rising of a revolt, the provoker is punished with imprisonment from twenty years to twenty-five years.

(2) Any person who commands an armed revolt against the Government of Turkish Republic is punished with heavy life imprisonment. Other persons who participate in the revolt are sentenced to imprisonment from six years to ten years.

(3) In case of commission of these offenses mentioned in the first and second subsection at the time of the war by taking advantage of the its negative affects on the State, the offender is punished with heavy life imprisonment.

(4) In case of commission of other offenses along with this offenses mentioned in the first and seconds subsection, the offender is additionally punished according to the provisions relating to these offenses.