Court Avoids Abeyance of Procedures in Samast Trial

Ogün Samast, triggerman suspect for the killing of journalist Hrant Dink, had his third hearing before the Istanbul 2^nd Juvenile High Criminal Court on Monday (2 May). As reported by the Etkin News Agency (ETHA), Public Prosecutor Ali Demir reminded the fact that the trial against Samast was opened to seek punishment on charges of "membership of a terrorist organization", "premeditated murder" and "opposing Law No. 6136 on Firearms and Knives".

Hrant Dink, a prominent journalist of Armenian ethnic origins, was gunned down in front of his office in Istanbul on 19 January 2007. Dink was the founder and then editor-in-chief of the Armenian Agos newspaper.

"Existence and structure of terrorist organization needs to be confirmed first of all"

Prosecutor Demir also mentioned defendants Erhan Tuncel, Yasin Hayal and their friends who are standing trial at the Beşiktaş (Istanbul) 14^th High Criminal Court. They are charged with "membership in and directing of a terrorist organization" and "assisting a terrorist organization", the prosecutor recalled.

The defendants stand furthermore accused of instigation to premeditated murder, manufacturing of explosives, disposing explosives, intentional wounding, harming property, threat, hiding criminals and carrying unlicensed weapons, the prosecutor Demir reiterated. He stated that the decision related to these defendants was being linked to the charge of "membership in a terrorist organization" pressed against Samast. Demir claimed that particularly the existence and structure of the terrorist organization needed to be confirmed in order to give a corresponding decision related to Ogün Samast.

Case file split in two

Prosecutor Demir said that he would be able to evaluate the allegations of "membership in a terrorist organization" against Samast in accordance to the decision to be given in the main trial.

Therefore, Demir suggested separating the file on "membership in a terrorist organization" from the file regarding charges of "premeditated murder" and "opposing Law No. 6136 on Firearms and Knives" in order to prevent the latter file from remaining in abeyance.

Regarding the file on "membership in a terrorist organization", the court put forward that "sufficient evidence for this allegation could not be collected" and decided to separate this file form the case. In the same context, the court referred to the obligation to wait for the corresponding decision in the trial heard before the Istanbul 14^th High Criminal Court".

The trial against Samast was postponed to 25 May. Hence, the case will be continued under allegations of "premeditated murder" and "opposing Law No. 6136" accordingly.

Lawyer Çetin: Positive Decision

Dink family lawyer Fethiye Çetin appreciated the decision in a statement made to ETHA.

She pointed out that the procedures related to the other charges would be sped up this way. "You know that Ogün Samast will be released after five years [in case there has been no conviction yet]. You can assess this as a positive decision. At least, it was in line with the law (...)". (EKN/VK)