Second Verdict in Ergenekon Case: Organization Cannot be Detected
* Photograph: Silivri Prison court halls / AA
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After the Supreme Court of Appeals annulled the verdict in Ergenekon case in 2016, the İstanbul 4th Heavy Penal Court, which heard the 235-defendants case again, announced its judgement today (July 1).
Pronouncing its verdict today, the court has ruled that all defendants facing charges related with "terrorist organization" shall be acquitted.
Osman Yıldırım, İsmail Sağır and Erhan Timuroğlu, the perpetrators of the attacks against the Council of State and daily Cumhuriyet, have been sentenced to life imprisonment.
Alparslan Yıldırım, who launched the attack against the Council of State, has been sentenced to aggravated life imprisonment.
Court has abided by the Supreme Court ruling
In the final hearing of the case held today (July 1), arrested defendant Alparslan Arslan, and Erhan Timuroğlu and Bedirhan Şinal, who are arrested as part of another lawsuit, were present in court.
Defendants Osman Yıldırım, Bora Ballı, Yüksel Dilsiz, Murat Çağlar, İsmail Sağır and Tekin Irşi, who are also arrested as part of other lawsuits, attended today's hearing via Audio and Visual Information System (SEGBİS).
Over 30 unarrested defendants, including former MP Emin Şirin, retired Commodore Alaattin Sevim, retired Colonel İlyas Çınar and retired Non-commissioned officer Oktay Yıldırım, were also present in court.
Taking the last statements from defendants, the court has announced its ruling after the break and ruled that all defendants charged with "establishing, leading, being members of, aiding and abetting an armed organization" shall be acquitted of the offenses charged.
Alparslan Arslan, the arrested defendant of the Ergenekon case, has been sentenced to aggravated life imprisonment on charge of "violating the Constitution". Other defendants Osman Yıldırım, Erhan Timuroğlu and İsmail Sağır have been sentenced to life imprisonment on the same charge.
Supreme Court of Appeals annulled the verdict in 2016
After the İstanbul 13th Heavy Penal Court announced its ruling in Ergenekon case on August 5, 2013, the Supreme Court of Appeals annulled the verdict of the court on April 21, 2016.
CLICK- Supreme Court of Appeal Annuls Ergenekon Decision
The 16th Penal Chamber of the Supreme Court of Appeals revoked the verdict in Ergenekon case with 275 defendants on grounds of non-compliance with both procedural and substantive law.
The Supreme Court of Appeals considered "not being able to submit concrete evidence to prove Ergenekon Organization's existence" to be a reason to annul the decision on substantive grounds.
Unlawful wiretapping and searches as well as declarations of anonymous witnesses and wiretapping of MİT (National Intelligence Agency) members were considered procedural revocation grounds.
The 16th Penal Chamber found the ruling of the İstanbul 13th Heavy Penal Court in favor of the existence of Ergenekon organization against the law, concluding that the founder and leader of the organization was unknown. The court also concluded that there was no legal and operational connection between the organization and the attack to the Council of State.
Accordingly, the case was heard again by the İstanbul 4th Heavy Penal Court, which announced its ruling today. (AS/SD)
