ANKARA - Resul Baltacı, whose disciplinary punishments, which were cited as the reason for his execution, were lifted by court decisions, is not released this time on the grounds of Article 17 of the TMK, although he has been in detention for 30 years and 4 months.

 

Resul Baltacı, who was held in Düzce Çilimli Type T Closed Prison, was deprived of his right to be released on probation despite court orders. On May 12, 2022, the decision to cremate the 6-month execution of Baltacı, whose cell sentences were abolished with the decision of the Düzce 1st High Criminal Court dated May 10, 2022, was unanimously repealed. The Prison administration and Düzce Execution Judge, on the other hand, did not implement the court decision and prevented the right of conditional release of Baltacı, who had been detained for 30 years and 4 months.

 

THE LAW WAS NOT IMPLEMENTED

 

Baltacı, in his petition dated April 18, 2022 regarding the decision of the Düzce Enforcement Judge, objected to the "Law on the Execution of Penalties and Security Measures" numbered 5275 and stated that the law entered into force in 2004 and he was arrested in 1992.

 

The situation in question contradicts Article 7/2 of the Turkish Penal Code (TCK), "If the provisions of the law in force at the time the crime was committed and the laws that came into force later on are different, the law in favor of the perpetrator will be applied and executed". At the same time, the violation of Baltacı's right to conditional release, which does not have a disciplinary penalty, is also unlawful since he does not meet the conditions in paragraphs 12 and 15 of Article 107 of the Law No. 5275.

 

NO VISITOR COME FOR 3 YEARS

 

Baltacı, who made an application to the Constitutional Court (AYM) because he could not benefit from the right to conditional release despite the abolition of the solitary sentences and the decision to burn death, also stated that he sent the decision to the Parliamentary Human Rights Commission and the Union of Bar Associations of Turkey (TBB), but that he did not receive the answers. Baltacı made the following statements in the letter he sent: “I am sending this court decision to the Ministry of Justice and the Board of Judges and Prosecutors. I am now 30 years and 4 months old. I want a referral, they say 'Capacity is full'. Although I have no disciplinary action, there is no room at the moment. I haven't had a single visitor in 3 years. Again, I have many diseases and I do not have the opportunity to be properly treated.”

 

THE COURT DECISION IS NOT IMPLEMENTED

 

Stating that he had two applications for a retrial at the European Court of Human Rights (ECHR) and against the said unlawfulness, Baltacı said: "The local court decided but they did not implement it."