In the trial of 12 people, including 5 police officers, the prosecutor requested that the charges of 'committing a crime on behalf of an armed terrorist organization without being a member of the organization' against 7 defendants including Erhan Tuncel, Yasin Hayal and Ogün Samast be dropped due to 'statute of limitations'.
Ali Fuat Yılmazer, Ramazan Akyürek, Erhan Tuncel, Tuncay Uzundal, Yasin Hayal, Zeynel Abidin Yavuz, Adem Sağlam, Ersin Yolcu and Ogün Samast attended the fifth hearing held at Istanbul 14th High Criminal Court via Audio and Video Information System (SEGBİS) from their prisons and from their provinces.
Hrant Dink’s family was represented by lawyers Hülya Deveci and Sebu Aslangil.
In his closing statement, Prosecutor Erturan requested that the files of fugitive defendants Faruk Sarı and Yahya Öztürk be separated and a new file be opened;
The charges of 'committing a crime on behalf of an organization without being a member of the organization' against Ahmet İskender, Erhan Tuncel, Ersin Yolcu, Tuncay Uzundal, Yasin Hayal, Zeynel Abidin Yavuz and Ogün Samast be dropped due to the ‘statute of limitations’;
The court acquitted Adem Sağlam of the charges of intentional killing, intentional killing with negligent behavior and attempting to overthrow the constitutional order, since there was not enough evidence to convict him for the murder of Hrant Dink, but demanded that he be punished for membership in a terrorist organization (FETÖ). Sağlam requested 7 years, 6 months to 15 years in prison.
Yılmazer and Akyürek charged with 'violating the Constitution'
Prosecutor Erturan demanded aggravated life imprisonment for former police chiefs Ali Fuat Yılmazer and Ramazan Akyürek for 'attempting to overthrow the constitutional order'. The prosecutor justified his sentence demand as follows:
"... The defendants were held responsible for the murder of Hrant Dink to the extent of the act of killing and it was decided to punish them, the defendants acted jointly in line with the aims and interests of the organization due to their being managers and members of the FETÖ/PYD Armed Terrorist Organization, that the defendants had information prior to the murder of Hrant Dink, but that they did not take any measures to prevent the murder, but rather facilitated the actions of the perpetrators, and that after the murder they initiated and carried out the process leading up to the treacherous coup attempt by taking over the Istanbul Intelligence Branch in line with the aims of FETÖ, In this respect, it is demanded and submitted that the defendants committed the crime attributed to them, and in this context, it is demanded and submitted that the defendants be sentenced in accordance with Articles 309/1, 53, 58, 63, 5/1 of the Law No. 3713 of the Turkish Penal Code No. 5237. "
The court adjourned the hearing to hear the defenses against the final opinion. The next hearing is scheduled for October 16.
What happened?
The verdict in the Hrant Dink murder case, in which public officials were also on trial, came out on March 26, 2021.
Istanbul 14th High Criminal Court acquitted 37 defendants, convicted 26 defendants, and sentenced 4 defendants to life imprisonment and 2 defendants to aggravated life imprisonment. The cases of 13 defendants were dismissed because their defenses could not be received. Since Şeref Ateş died during the trial, the charges against him were also dropped.
The court decided to file a criminal complaint to the Istanbul Chief Public Prosecutor's Office to take action against 11 people for other crimes. Upon the court's complaint, the prosecutor's office prepared a new 15-page indictment.
In the indictment, the defendants were charged with attempting to overthrow the constitutional order, intentional killing, membership of an armed terrorist organization (FETÖ) and intentional killing with negligent behavior. Hrant Dink's perpetrator Ogün Samast was also included in the case after his release.
Who is who?
Adem Sağlar: Deputy Commissioner of the Anti-Terrorism (TEM) Branch of the Trabzon Police Department at the time.
Ahmet İskender: He was one of the 19 defendants on trial at the Istanbul 14th High Criminal Court for the murder of Hrant Dink. On January 17, 2012, he was sentenced to 13 years and 4 months in prison. He was sentenced to 1 year, 10 months and 15 days in the retrial following the Supreme Court of Appeals' reversal. He was a fugitive. He was captured in Kyrgyzstan in March 2022 and brought to Turkey. In the Hrant Dink murder case, it was determined that he hid the gun used by Ogün Samast, lent money to the perpetrator for the murder, and had his cell phone used as a communication tool for the murder.
Ali Fuat Yılmazer: At the time, he was the Director of Police Intelligence C-5 Branch. He later became the Director of the Istanbul Intelligence Branch. He was tried in the lawsuit filed against public officials in 2016 regarding the murder of Hrant Dink. In March 2021, he was sentenced to aggravated life imprisonment for ‘murder by using someone’ and 4 years and 6 months for ‘destroying an official document’.
Erhan Tuncel: On July 17, 2019, he was sentenced to 79 years in prison for 'attempted intentional homicide by design and using a bomb' in relation to the McDonald's explosion, 18 years in prison for 'aiding and abetting' in relation to the murder of Hrant Dink, and 2 years and 6 months in prison for 'membership in an armed criminal organization'. Tuncel's total prison sentence is 99 years and 6 months.
Ersin Yolcu: On July 17, 2019, he was sentenced to 1 year, 10 months and 15 days for 'being a member of an armed criminal organization'.
Faruk Sarı (fugitive): On March 26, 2021, he was sentenced to 12 years and 6 months for 'committing intentional homicide with negligence' and 3 years and 9 months for 'destroying an official document'.
Ramazan Akyürek: On March 26, 2021, he was sentenced to aggravated life imprisonment for ‘murder by using another person as a tool’, 5 years 7 months and 15 days for 'destroying an official document' and 7 years and 6 months for 'forgery of an official document'.
Tuncay Uzundal: On July 17, 2019, the court sentenced him to life imprisonment for aiding in the murder of Hrant Dink by Ogün Samast. The court applied a reduction in the sentence as the determination to commit a crime remained at the strengthening stage and sentenced him to 15 years in prison. He was also sentenced to 1 year 10 months and 15 days for being a member of an armed criminal organization.
Yahya Öztürk (fugitive): Trabzon TEM Branch Director at the time.
Yasin Hayal: Sentenced to 7 years and 6 months in prison for 'establishing/managing an armed criminal organization' in the trial concluded on July 17, 2019. He was previously sentenced to life imprisonment for instigating the murder of Dink.
Zeynel Abidin Yavuz: On July 17, 2019, he was sentenced to aggravated life imprisonment for 'aiding to murder'. However, the court reduced the sentence since the crime was at the stage of strengthening the determination to commit a crime and sentenced him to 12 years and 6 months. He was also sentenced to 1 year, 6 months and 22 days for 'membership in an armed organization' in the same case. He is also under arrest in other cases.
Ogün Samast: Hrant Dink's murderer. He was caught in Samsun bust station following the murder. He was tried in the juvenile court since he was 17 years old at the time of the murder. He was sentenced to 22 years and 10 months in prison. On November 15, 2023 he was released on parole.
(HA/DT)
