The lawyer of Hatice Yıldız, a 75-year-old Kurdish woman imprisoned for transferring funds to her incarcerated daughter and another inmate, is challenging her sentence, stating that sending money to prisoners isn’t deemed illegal under Turkish law.
Yıldız, who was taken to prison on a stretcher on 22 March due to her health issues, has been sentenced to four years and two months on charges of “providing financial support to an organisation” by a Turkish court. Her lawyer, Xebat Demircan, a member of the Association of Lawyers for Freedom (ÖHD), has criticised the conviction as unjust, highlighting that sending money to prisoners does not constitute a crime under existing legislation.
Demircan’s arguments focused on the principle of legality in criminal law, which he argues has been violated in Yıldız’s case. According to him, for an action to be considered a crime, it must be explicitly defined as such in law, which is not the case here. Moreover, he pointed out that financial contributions made to prisoners are used solely within the confines of the prison canteen, under strict government surveillance, negating the possibility of these funds supporting any organisation.
In response to the unjust sentence, Demircan has filed an application with the Constitutional Court. He is also seeking immediate action from the execution prosecutor and the judge for suspension of the sentence or probation, warning of irreparable consequences if ignored.
Demircan’s appeal extends beyond the courtroom, calling for public and official acknowledgment of the miscarriage of justice and a review of similar cases, urging a swift reversal of what he describes as a politically motivated decision.
