Ayşe Tuba Arslan case | Court deems ‘My dear’ message ‘unjust provocation’

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The court has handed down its detailed judgement in the trial over the feminide of Ayşe Tuba Arslan, who was killed by her ex-husband Yalçın Ö. in Eskişehir province despite 23 criminal complaints.

The 2nd Penal Chamber of the Ankara Regional Court of Justice has ruled that the perpetrator shall be sentenced to 24 years in prison for "premeditated wilful killing under unjust provocation." According to the Penal Chamber, the message sent to Arslan's phone addressing her as "my dear" was a reason for reducing the prison sentence for "unjust provocation."

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As reported by JinNews, perpetrator Yalçın Ö. was facing an aggravated life sentence in the trial over Arslan's feminicide. The Eskişehir 3rd Heavy Penal Court ruled that Ö. should be sentenced to aggravated life imprisonment for "premeditated murder with monstrous feeling and by tormenting." No "good conduct" time or "unjust provocation reduction" was given.

While the 2nd Penal Chamber of the Ankara Regional Court of Justice, the appeals court, gave an aggravated life sentence to the defendant on charge of "premeditated wilful killing," it has concluded that the massacre was committed "under unjust provocation."

For this reason, the prison term has been reduced to 24 years.

Detailed judgement pronounced

The 2nd Penal Chamber has handed down its detailed judgement.

Reducing the prison sentence of the perpetrator due to "unjust provocation", the judgement said, "The premeditation has been ascertained considering that in the concrete case, while the divorse suit was ongoing, the defendant decided to kill the deceased upon learning that he was being cheated on; he showed determination about this decision; shortly after the divorce suit ended, he killed the deceased with a chopper to fulfil this decision under the influence of the provocation caused by the deceased's behaviors contrary to the obligation of faithfulness."

Messages examined

The 2nd Penal Chamber of the Ankara Regional Court of Justice has also indicated in the judgement that the HTS records and messages between S.E. and Ayşe Tuba Arslan were examined.

The judgement has said that "there were several mutual calls and messages from July 2017 to August 24, 2018." Indicating that there was "no kinship or business relationship" between S.E. and Arslan, the ruling has claimed that "...such an intense communication with the male person named S.E., the fact that some of this communication took place at unreasonably late night hours and S.E. addressing the deceased as 'my dear' in his messages in such a way to show the intimacy between the two have the characteristics of confirming the defendant's defense."

What happened?

Ayşe Tuba Arslan, a mother of two working in a kindergarten in Eskişhir, was attacked by her ex-husband Yalçın Ö. (52) on his way home from work. Injuring Arslan with a chopper on October 11, Yalçın Ö. was battered by the people around while he was trying to escape. Severely wounded, Arslan was taken to a hospital and Yalçın Ö. was arrested.

Ayşe Tuba Arslan lost her life.

While it was revealed that there were attempts to mediate between Arslan and Yalçın Ö. despite her criminal complaints, the Council of Judges and Prosecutors (HSK) gave permission for an investigation into the negligences in the murder. (AÖ/SD)