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In the trial against Kenan Ayaz, the federal prosecution is asking for four and a half years in prison

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The trial of Kurdish politician Kenan Ayaz, who has been on trial for a year in Hamburg, continued on Wednesday at the Higher Regional Court of Hamburg. On the 31st day of the trial, the prosecution made its opening statement.

After the court denied further motions for evidence from the defense and Judge Wende-Spohrs declared the evidentiary hearing closed, prosecutor Simons began his opening argument.

It began by discussing Kenan Ayaz's personal circumstances. He had been arrested and abused in Turkey in 1993 at the age of 18, like his then 13-year-old brother, had set up an educational academy after his release in 2005 and was jailed again for six months. In 2010 he fled to Cyprus to escape the threat of a new prison sentence. Turkey's repressive policies and excessive violence are well known. It is also known that the Turkish army is defeating the PKK and the HPG.

Ayaz is accused of membership in a terrorist organization, the PKK. Simons went on to discuss the organizational structure of the PKK. He claimed that there were no relevant changes in the PKK and KCK even after the reorganization. Although the KCK had stated that it was pursuing democratic confederalism, the “Democratic Nation” model was still being used to establish state structures.

It is obvious that Simons has not understood the concept of a democratic nation. The “nation” according to Abdullah Ocalan, reimagined as a democratically organized coexistence of all ethnic and religious groups, is ultimately anything but primitive nationalism.

Simons went on to say that the self-rule sought by the KCK and PKK is “unrealistic”, as Turkey would never agree to such autonomy due to its stance, so it could only be achieved by force.

The PKK was still oriented towards Öcalan's “leadership”. The prosecutor completely ignored the fact that Öcalan had been isolated for 25 years and had no contact with the outside world for three years. Regarding the armed conflict, Simons said: “There is no doubt” that this was a “significant attack”.

Following the logic that Turkey is not a fascist state that systematically commits genocide against all non-Muslim and non-Turkish peoples since its foundation 101 years ago, even outside its territory in Syria and Iraq, in its logic it is of course the PKK liberation movement which is terrorist and not the Turkish state, which invades neighboring countries and murders civilians every day.

Kenan Ayaz was active as a “full-time operative” of the PKK in Hamburg between September 2018 and June 2019 and then in Cologne and the North Rhine region until July 2020. This was revealed by surveillance measures, in particular the interception of text messages . He participated in “hyperlocal executive meetings” and commemorations and helped organize marches and festivals.

He had behaved in a “conspiratorial” manner, even if he had not used a pseudonym. Fundraising for the PKK could not be proven, but phrases such as “let's go for a walk” and “walk” or asking if a “job was finished” would allow the conclusion that it was a fundraiser, even if the defense could prove on one occasion that such a phrase meant exactly what was said, namely, the delivery of food in a “long procession”.

There was every indication that Kenan Ayaz was a PKK operative. The PKK is a terrorist organization and the decision of the Belgian judiciary on January 28, 2020 that the PKK is part of an armed conflict does not contradict this, Simons said. Armed struggle is “not an appropriate means” of fighting oppression and PKK fighters are not combatants in an armed conflict, according to him.

There were mitigating factors in the conviction: Ayaz wanted to serve the Kurdish struggle, the pre-trial detention in Germany was difficult for him, also because he did not speak German.

However, the fact that Ayaz “carried on with open eyes” despite his imprisonment added weight to the sentence. He also hadn't confessed. He will serve his sentence in Cyprus when the trial is over. In the end, Simmons asked for four years and six months in prison for Kenan Ayaz.

Trial observer: “I feel like I'm in Turkey”

The trial observers and members of the “FreeKenan” committee were disappointed by the amount of the sentence requested. The whole rationale and process did not differ in any way from those in Turkey. “I feel like I'm in a Turkish court,” said one observer with her own experience of persecution. While of course it makes a big difference whether five or 5,000 people are convicted each year, the way Kenan Ayaz was treated brings back bad memories of her experiences in Turkey.

Defense Brief July 2< /strong>

Kenan Ayaz's defense will make its statement on July 2. Kenan Ayaz's defense hearing is expected to begin on July 9.

Source: www.philenews.com

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