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Eda Seyhan
@
eda_seyhan
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@amnesty campaigner on #counterterrorism in Europe / also tweets #Turkey #policing #antiracism / frankly un-Australian / views my own (unless you want them?)
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| Ο χρήστης Eda Seyhan έκανε Retweet | ||
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Julia Hall
@JuliaHall18
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4 ώρ. |
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A miscarriage of justice in #Hungary. The appeals court upholds a definition of #terrorism that is as broad and deep as the sea. Anyone challenging the state to do the right thing - in this case to let refugees cross into Hungary - is at risk. #AhmedH twitter.com/eda_seyhan/sta…
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Amien ☕️📓
@AmienChicago
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3 ώρ. |
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Final verdict: Terrorism charge was upheld, but the sentence was reduced to 5 years. #AhmedH is eligible for (not guaranteed) release as early as January 2019.
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Eda Seyhan
@eda_seyhan
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4 ώρ. |
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CORRECTION
Ahmed is eligible for early release 2/3s of the way through his 5 year sentence i.e. in early 2019 twitter.com/eda_seyhan/sta…
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Eda Seyhan
@eda_seyhan
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4 ώρ. |
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Awful. Just awful.
Throwing stones is not terrorism. twitter.com/eda_seyhan/sta…
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Eda Seyhan
@eda_seyhan
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5 ώρ. |
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Otherwise the court of appeal agrees with the lower court's reasoning. It holds that Ahmed's intention was to force the police to open the border, and that this is sufficient to prove intent for terrorism.
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Eda Seyhan
@eda_seyhan
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5 ώρ. |
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Reasons for the reduced sentence- Ahmed doesn't speak Hungarian, has no connection to Hungary, has been in pretrial detention for a long time and has a family he needs to look after.
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Eda Seyhan
@eda_seyhan
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5 ώρ. |
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The verdict.
The terrorism conviction is upheld, but the sentence reduced to 5 years (down from 7). He has served 3 already. He has to stay in the prison in Budapest for two-thirds of the remaining 2 years.
#AhmedH
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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Ahmed apologises to the police and says he did not act with any hatred.
He asks the court to sentence him for the crimes he *did* commit, not those that he didn't.
His statement ends. Break till 11.30.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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Ahmed explains that terrorism is a serious crime - he knows it well from Syria. But he is not a terrorist. Far from it.
#AhmedH
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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Ahmed begins.
A: I won't say much because I've said a lot over the last 3 years.
For 3 years, I haven't seen my family, my kids.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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The defence statement is over.
The prosecutor takes issue with the analogy with the ordinary brawl against the police. The defence says he didn't mean to downplay the seriousness of the border incident, but merely to warn against an overly low threshold for this offence.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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The defence states that Ahmed's family (his daughters and wife in Cyprus and elderly parents in Germany) should be a mitigating factor for the sentencing.
#AhmedH
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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We've moved on to the offence of illegal entry. The prosecutor had argued that this was a felony, i.e. a particularly serious crime. The defence says it can't be, because Ahmed had the legal right to enter Hungary as an EU resident.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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The defence urges the court to distinguish between Ahmed - who was trying to calm down the crowd at the border - and others who were instigating violence.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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D: The offence of terrorism should have a high threshold, requiring a threat to the operation or existence of the state. Ordinary brawls with the police should not count as terrorism.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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D: The definition of terrorism in the Penal Code is not good. But we're here to implement the law not criticise it.
Nevertheless, if the court accepts this as terrorism, then every football hooligan or perpetrator of domestic violence could be a terrorist.
#AhmedH
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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The defence breaks down what it means to "force someone to do something" - did Ahmed force the state authorities to go against their own free will?
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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The defence cites the Ahmed H Supreme Court decision, which held that the required intention for the offence of terrorism is simply "forcing the state to do something".
The sad reality is that many counter-terrorism laws are this vague and broad, leaving them wide open to abuse.
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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D: This court could set a precedent here today regarding the definition of an act of terrorism.
#AhmedH
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Eda Seyhan
@eda_seyhan
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6 ώρ. |
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The defence says Ahmed was far from the police when he threw stones. Further, it has not been proven that the stones hit anyone.
#AhmedH
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