According to Ülke's lawyers, the prosecution in Eskisehir has demanded a sentence of 17 months and 15 days and has sent the file to the Ayvalik prosecution. Should Ülke not meet with the prosecution within 10 days, an arrest warrant will be issued.
Ülke had been arrested on 8 November 1996 and tried numerous times for "damaging the public image of the army", "disobeying orders", "insisting on disobeying orders" and "desertion". He was imprisoned for a total of 701 days.
His lawyers argue that the present sentence demanded is a collation of previous sentences and that his time in prison has not been considered. They point to the ECHR decision that Turkey has sentenced Ülke to "civil death", which was unacceptable in a democratic regime. The ECHR decision has been forwarded to the military prosecution in Eskisehir, the prosecution in Ayvalik, the General Staff and the Ministry of Foreign Affairs.
Furthermore, the lawyers have appealed to the Cabinet of the European Council, which audits the application of ECHR decrees. On 5 December 2006, the European Council Cabinet had asked Turkey what steps it had taken to stop violating Ülke's rights and what it was doing about a general framework.
Although Turkey has promised to prepare legislation for conscientious objectors, nothing has been done. It had claimed that a law was being prepared and had been sent to the Prime Ministerial office. However, by 6 June 2007 nothing had changed. Ülke's criminal record still stands and he can be rearrested at any time. He still risks "civil death". (TK/AG)