Colonel Öz Tried at High Criminal Court?

The Trabzon 2^nd Magistrate Criminal Court applied for merging the trial against Colonel Ali Öz with the case tried at the Trabzon 1^st High Criminal Court regarding seven gendarmerie officers in the scope of the Hrant Dink murder.

The Turkish-Armenian founder of the Armenian Agos newspaper, Hrant Dink, was lethally shot in front of his office in Şişli/Istanbul on 19 January 2007. Defendant Öz, then Provincial Gendarmerie Commander of Trabzon (eastern Black Sea coast) is considered as one of the key figures in the Hrant Dink murder case. He is currently tried for having disregarded crucial information conveyed to him prior to the murder.

A second trial against Öz started on 30 September upon a complaint of the Ministry of Justice. Due to the colonel's high military rank, the indictment was prepared by the Public Chief Prosecution of Rize, a neighbouring city to Trabzon. The case is heard before the Trabzon 1^st High Criminal Court.

Dink family lawyers: Voluntary manslaughter by means of neglect

If the High Criminal Court accepts the request for a merger made by the Trabzon 2^nd Magistrate Criminal Court, Öz will be tried at the High Criminal Court only. The coming hearings for both the new trial at the High Criminal Court and the case at the Magistrate Criminal Court are scheduled for 9 December. In both procedures, Öz as well as the other seven defendants are tried over allegations of "misconduct in office by neglect of duty".

The Wednesday hearing (24 November) at the Magistrate Criminal Court was attended by the lawyers of both parties. The lawyers of the Dink family claimed from the beginning of the trial that Öz and the other defendants remained impassive deliberately and thereby created the opportunity for the murder to be committed. Hence, the joint attorneys demanded to prosecute Öz and the gendarmerie officers over allegations of "voluntary manslaughter by means of negligent behaviour" according to Article 83 of the Turkish Criminal Law (TCK). The provision foresees an aggravated life sentence.

The European Court of Human Rights (ECHR) found Turkey guilty of a violation of the right to life in the scope of the Dink murder case. The court was of the opinion that Turkey failed to take protective measures despite evidence of immediate danger.

Rakel Dink, widow of the slain journalist, and his brother, Hosrof Dink, appeared at the Bakırköy (Istanbul) 10^th High Criminal Court on 24 September to give their statements in the scope of the second trial opened against Öz.

Rakel Dink: He could have prevented the murder

Rakel Dink, one of the family members who sue Ali Öz, argued: "He had information about the assassination plot against my husband. He had the possibility to prevent the murder but he did not. I think he is just as guilty as the defendants who committed the murder".

20 defendants of whom three are detained are tried in the scope of the murder case heard before the Istanbul 14^th High Criminal Court. The case will be continued on 7 February 2011. By the time of the 15^th hearing, the trial will be almost in its fourth year. (EÖ/VK)