Poet Ilhan Sami Çomak, who has been imprisoned for a full 29 years and is just one year away from his conditional release date, has had a supervised release application submitted by his lawyers today.
Comak’s attorneys, Hakan Bozyurt and Cafer Çakmak, submitted a petition to the 5th Silivri Closed Prison Directorate today in the morning, requesting the implementation of supervised release rights under Article 105/A of Law No. 5275.
“Completed his sentence”
In the petition, the lawyers stated, “Comak is serving a life sentence in your institution based on the conviction decision. As of today, our client has completed 29 years of his sentence. As of August 21, 2023, there is less than 1 year remaining for the conditional release of his sentence.”
The petition also reminded of the European Court of Human Rights (ECHR) violation decision concerning Çomak, stating, “At this stage, it is clear that due to his 29 years in prison, he has completed his sentence. The client has increased his involvement in art and literature while in prison, and he has written 11 books of poetry and plays, including one in English, as well as numerous literary articles and writings, many of which have been translated into different languages.”
If supervised release rights are not granted
Çomak, who has been in prison for 29 years, is scheduled for conditional release on August 21, 2024. If he is granted supervised release rights, he would be eligible for release starting from today. If supervised release rights are not granted, he will continue to remain in prison for another year.
“No legal barriers remain”
Çomak is of “good behavior,” it is stated in today’s petition and a request is made for his eligibility for supervised release under Article 105/A of Law No. 5275.
Comak’s legal guardian, Ipek Özel, also commented, “Ilhan has completed 29 years in prison, and the remaining time for him to stay in prison is less than a year. There are no longer any legal obstacles for Ilhan’s release. I say this not only as his legal guardian but also as an academic working in the field of penal sentences.”
“We’re holding our breath”
Özel recalled that Comak has always exhibited “good behavior” in prison and expressed, “Today, with bated breath, we await the signing of the decision that will grant Ilhan his freedom through the implementation of supervised release rights. We want to preserve our trust and belief in justice.”
Who is Ilhan Sami Çomak?
Çomak was taken into custody in 1994, at the age of 21, while he was a student at Istanbul University’s Faculty of Science and Literature. He was arrested on charges of “setting fires in the name of the outlawed Kurdistan Worker’s Party (PKK)” and “engaging in separatist activities.”
He faced torture during his time in custody and later in detention. He stood trial in State Security Courts. His trial lasted for six years. While the charge of setting fires was dropped, he was sentenced to death for being a member of the PKK, organizing Molotov attacks, engaging in armed conflict in Diyarbakir’s Lice, and attacking a police station. However, due to the abolition of the death penalty, his sentence was commuted to life imprisonment.
In 2000, the Court of Cassation upheld Çomak’s sentence. In 2001, Çomak applied to the European Court of Human Rights, stating that he was tried by a military judge in State Security Courts, the judge was not impartial, and therefore he did not receive a fair trial.
In 2006, the ECHR ruled that Çomak did not receive a fair trial and ordered Turkey to pay compensation, deciding that Çomak should be retried.
The ECHR decision was implemented eight years later. The Istanbul 10th Heavy Penal Court found the request for a retrial justified on January 16, 2014, eight years after the initial ruling,. Çomak appeared in court again on March 11, 2014. The request for a trial without detention was denied. Çomak was once again sentenced to life imprisonment despite the absence of any concrete evidence, and the Court of Cassation upheld the sentence once again.
Çomak, who has spent 29 years in prison, has published books including “Günaydin Yeryüzü (Good Morning Earth)”, “Geldim Sana (I Came to You)”, “Açik Deniz (Open Sea)”, “Karinca Yuvasini Dagitmamak (Not Disturbing the Anthill)”, “Hayattayiz Nihayet (We are Alive at Last)” ve “Hayat Seni Çok Seviyorum (I love you Life).”
Source: English Bianet