Click here to read the article in Turkish / Haberin Türkçesi için buraya tıklayın
The case as to the killing of Ali İsmail Korkmaz who was killed in Gezi Resistance has been re-heard by Kayseri 3rd Heavy Penal Court.
The Supreme Court of Appeals has revoked the decision over procedural noncpmliance by stating the suspect, Mevlüt Saldoğan’s right to plead was limited, he wasn’t given an additional time of plead, and that the verdict was brought on willful injury though the suit was brought on willful murder.
Following the plead of the defendants, the prosecutor has iterated the former dictum. The local court inflicted the same penalties as before in the re-hearing. It ruled continuation of imprisonment of the two police officers while decided to release the other three because of the time they spent in prison.
Local court has abided by verdict of the Supreme Court of Appeals
Folowing the verdict of the Penal Department No. 1 of the Supreme Court of Appeals, the first hearing was held today. Berkin Elvan’s mother Gülsüm Elvan, People’s Republican Party (CHP) Vice Chair Veli Ağbaba, İstanbul MP Gamze Akkuş İlgezdi, Kayseri MP Çetin Arık, Hatay MP Hilmi Yarayıcı, Çorum MP Tufan Köse, and Youth Branch Chair Emre Yılmaz, CHP Kayseri Provincial President Feyzullah Keskin and Defne Mayor Dr. İbrahim took place among those following the trial.
The defendants didn’t appear in the court, they were followed by Audio and Video Information System (SEGBIS).
All defendants and attorneys demanded the revoke to be abided by and all defendants to be given additional right to plea.
The defendants pleaded again
Defendant Mevlüt Saldoğan said the person he shot wasn’t Ali İsmail Korkmaz and added “I protected my state”. Saldoğan had made a similar plea in the summary judgement. Saldoğan claiming Korkmaz had sworn at him demanded unjust provocation reduction.
Defendant Yalçın Akbulut as well repeated his previous plea; Akbulut said the person beaten was taller and Korkmaz fell while he was carrying stuff. He demanded release saying he is a political prisoner and will go to the European Court of the Human Rights.
The court iterated its decision dated January 21, 2015 and ruled continuation of their arrests.
Korkmaz family's attorney: The penalty is not compatible with law
Ayhan Erdoğan of Korkmaz family’s lawyers interpreted the decision to bianet. Korkmaz expressed that the releases are compatible with the penalty but with law. Erdoğan stating their “sense of justice has been damaged” with this ruling, added that they will appeal to the decision.
What had happened?
Ali İsmail Korkmaz, a freshman in English teaching at Anadolu University, attended Gezi Resistance demonstrations in the central province of Eskişehir at the age of 19 on June 3, 2013.
He was battered by a group of casually-dressed people, as he was running away from a police intervention with gas bombs.
Arriving at Yunus Emre Public Hospital, Korkmaz allegedly was not admitted by officials who told him to testify to police headquarters initially.
Similarly, officials refused to admit him the next morning. Korkmaz struggled to find a police station to testify with his situation worsening.
Finally he was admitted to Eskişehir Public Hospital and diagnosed with “brain hemorrhage”. He was later on transferred to Osmangazi Medical School Hospital.
Operated, Korkmaz was unresponsive since June 4. His family filed complaints against Yunus Emre Public Hospital with a prosecutor launching an investigation on the case.
- The court sentenced defendant police Mevlüt Saldoğan to 13 years of imprisonment over “casuing death by inflicting willful injury” rather than “willful murder”, but then reduced this sentence to 10 year and months.
- Of unimprisoned police defendants, Şaban Gökpınar and Hüseyin Engin were decided to be acquitted.
- Unimprisoned police officer Yalçın Akbulut was decided to be sentenced to 12 years of imprisonment but the penalty was reduced to 10 years.
- Arrested defendants İsmail Koyuncu, Ramazan Koyuncu, Muhammet Vatansever were decided to be each sentenced to 8 years of imprisonment, and decided to be sentenced to 6 years and 8 months of imprisonment by applying a reduction in the ratio of one-sixth.
- Arrested defendant Ebubekir Harlar was sentenced to 8 years of imprisonment but since his action was limited to aiding, his penalty was ruled to be reduced to 3 years and 4 months of imprisonment and considering the jail time he served, he was decided to be acquitted.
- The Penal Department No. 1 of the Supreme Court of Appeals revoked the local court’s decision over procedural noncompliance.
The Supreme Court of Appeals has revoked the decision over procedural noncompliance by stating the suspect, Mevlüt Saldoğan’s right to plead was limited, he wasn’t given an additional time of plead, and that the verdict was brought on willful injury though the suit was brought on willful murder. (BK/TK)
