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Handing down its ruling in the trial of public officials over the assassination of Agos Newspaper Editor-in-Chief Hrant Dink, the İstanbul 14th Heavy Penal Court previously separated the files of 13 fugitive defendants. The trial of the 13 defendants continued in İstanbul today (June 24).
Who is on trial: Fethullah Gülen, Zekeriya Öz, Ekrem Dumanlı, Metin Canbay, Yunus Yazar, Faruk Mercan, Adem Yavuz Arslan, Halil İbrahim Koca, Yılmaz Angın, Mehmet Akif Yılmaz, Ömer Faruk Kartın, Coşgun Çakar and Serkan Şahan
At today's hearing, the court ruled that if the 12 fugitive defendants, except for Ekrem Dumanlı, do not come back to Turkey within 15 days, they shall be considered fugitives and their assets shall be seized.
The hearing was attended by the attorneys of defendants Fetullah Gülen, Adem Yavuz Arslan, Mehmet Akif Yılmaz, Metin Canbay and Serkan Kaya and the attorneys of the Hrant Dink family.
Taking the floor at the hearing, the attorneys of defendants Mehmet Akif Yılmaz, Metin Canbay, Serkan Şahan and Adem Yavuz Arslan demanded the rejection of the request for seizure of assets, which had been expressed by the prosecutor's office at the previous hearing.
Hakan Bakırcıoğlu, one of the attorneys for the Dink family, indicated that there are alleged connections between crime group leader Sedat Peker and Erhan Tuncel, who was sentenced to 99 years, 6 months in total in the main Hrant Dink murder case on July 17, 2019. Attorney Bakırcıoğlu demanded the submittal of documents about this allegation, if there are any.
They will be searched with newspaper ads
Announcing its interim judgement, the İstanbul 14th Heavy Penal Court has ruled that the Dink family's request for documents as to the allegations of connection between Erhan Tuncel and Sedat Peker, together with other requests, shall be examined between the hearings.
The court has also ruled that newspaper ads shall be placed about the defendants abroad and that notices shall be prepared to be placed on their residential addresses, if there are any. According to this court ruling, these ads and notices will indicate that they will be considered "fugitives" and their assets will be seized if they do not come to Turkey within 15 days.
The court has ruled that in the event that the defendants do not participate in the prosecution within 15 day, the decision to declare them fugitives and seize their assets shall be given between the hearings.
If the court decides to seize the assets of the defendants, in order for the decision to be enforced, the General Directorate of Land Registers will be asked about the immovable assets registered in their names and the related bank directorates and Traffic Registration Directorates will be asked about their movable assets and bank accounts. According to the court ruling, the execution of the decision will be done accordingly.
Dumanlı's attorney has withdrawn
The court has accepted the withdrawal request of the defense counsel appointed by the İstanbul Bar Association to defend Ekrem Dumanlı. It has ruled that the appointment of a new attorney shall be requested from the İstanbul Bar in a written correspondence. Ruling that the detention warrants against the defendants and the execution of the requests for their extradition shall be awaited. The next hearing will be held on July 14.
Trial of public official in the Hrant Dink murder caseAnnouncing its ruling on March 26, 2021, the İstanbul 14th Heavy Penal Court separated the files of 13 people, acquitted 37 people and convicted 27 people. The charges against Şeref Ateş were dropped as he has lost his life during the course of the trial 37 people acquittedAdem Sarıgöl, Adnan Acar, Atilla Güçlüoğlu, Muhammer Ay, Metehan Kadir Yıldırım, Niyazi Malkoç, Cevat Eser, Rahmi Özer, Resul Kütükoğlu, Tevfik Cantürk, Ünsal Gürel, Ecevit Emir, Emre Cingöz, Hacı Şefik Şimşek, Eyüp Temel Ahmet Çetiner, Birol Ustaoğlu, Sabri Uzun, Hüseyin Yılmaz, Ali Poyraz, Mikdat Özbek, Hamdi Egbatan, Mustafa Küçük, Ergün Yorulmaz, Musa Yıldırım, Hacı Ömer Ünalır, Reşat Altay, Ali Barış Sevindik, Murat Bayrak, Tamer Bülent Demirel, Yusuf Bozca, Yüksel Avan, Hamza Celepoğlu, Engin Dinç, Ercan Demir, Ahmet İlhan Güler, Muhittin Zenit. The files of 13 people separatedFethullah Gülen, Zekeriya Öz, Ekrem Dumanlı, Metin Canbay, Yunus Yazar, Faruk Mercan, Adem Yavuz Arslan, Halil İbrahim Koca, Yılmaz Angın, Mehmet Akif Yılmaz, Ömer Faruk Kartın, Coşgun Çakar and Serkan Şahan. 26 people sentenced to prison
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Hrant Dink murder caseIn the lawsuit filed into the killing of Hrant Dink, the specially authorized 14th Heavy Penal Court handed down its ruling on 19 defendants on January 17, 2012. Arrested defendant Yasin Hayal was sentenced to aggravated life sentence on charge of "incitement to premeditated murder", 3 months in prison for threatining writer Orhan Pamuk and 1 year in prison for "possession of unregistered arm." He was acquitted of "leading an armed terrorist organization." While the court ruled that Erhan Tuncel, one of the arrested defendants, should be sentenced to 10 years, 6 months in prison and ruled for his release, it sentenced Ersin Yolcu to 12 years, 6 months, Ahmet İskender to 13 years, 4 months and Salih Hacısalihoğlu to 2 months, 15 days in prison. All defendants were acquitted of "membership in an armed terrorist organization." The 9th Penal Chamber of the Court of Cassation reversed the verdict of the local court on "organization" charges and ruled that the defendants should be retried for being the members of "an organization established to commit crimes", not being the members of "an armed terrorist organization." Upholding the conviction of Yasin Hayal on charges of "incitement to deliberate murder" and "threatening Orhan Pamuk", the Court of Cassation reversed the acquittal of Yasin Hayal on charges of "establishing and leading an armed terrorist organization", concluding that he should be convicted of "establishing and leading a criminal organization." While the Court of Cassation upheld the conviction of Erhan Tuncel on charge of "producing explosive substance", it reversed his acquittal of "incitement to willful murder" on the grounds that he should be convicted for having aided the Hrant Dink murder. Case file at the 14th Heavy Penal Court, again Following the Court of Cassation verdict, the retrial began at the İstanbul 14th Heavy Penal Court. After six hearings were held at this court, the file was sent to the İstanbul 5th Heavy Penal Court as the heavy penal courts specially authorized as per the Article 10 of the Anti-Terror Law (TMK) were abolished. Accepting the indictment against public officials, the İstanbul 14th Heavy Penal Court sent the case file to the İstanbul 5th Heavy Penal Court so that it would be merged with the main trial of eight defendants, including Ogün Samast, Yasin Hayal and Erhan Tuncel, the verdicts of whom had been reversed. The board of the İstanbul 5th Heavy Penal Court returned the case file to the İstanbul 14th Heavy Penal Court on the grounds that "consent was not requested in the ruling for merging the case files, the court was not authorized to hear terror crimes, the trial was at a further stage in the main case and there was no common defendant between the ones put on trial in this case and the public officials to be put on trial in the new case." The 5th Penal Chamber of the Court of Cassation, who examined the files to resolve the dispute between the courts, merged the two files and ruled that the cases should be heard by the İstanbul 14th Heavy Penal Court. The İstanbul 14th Heavy Penal Court ruled that the new trial of 50 defendants including gendarmerie officials should be merged with the main trial of 35 defendants including Ogün Samast, Erhan Tuncel and former security directors Ramazan Akyürek, Ali Fuat Yılmazer and Coşgun Çakır. New indictment While the trial was ongoing, the prosecutor conducting the investigation lodged a new indictment and demanded aggravated life sentence on charge of "attempting to overthrow the constitutional order" for 51 defendants including Fetullah Gülen, former prosecutor Zekeriya Öz, Editor-in-Chief of the closed Zaman newspaper Ekrem Dumanlu, journalists Adem Yavuz Arslan, Ercan Gün and dismissed Brigadier General Hamza Celepoğlu, the then Trabzon Provincial Gendarmerie Commander Ali Öz, Trabzon Gendarmerie Intelligence Branch Director Metin Yıldız and İstanbul Gendarmerie Intelligence Officer Lieutenant Muharrem Demirkale. The indictment also demanded that 40 defendants including Öz and gendarmerie officers be sentenced to aggravated life imprisonment on charge of "participating in the murder." Prison sentence for defendants in the main trial At the hearing on June 13, 2019, the İstanbul 14th Heavy Penal Court ruled that the case files of nine main defendants including Ogün Samast and Yasin Hayal should be separated from the others. Handing down its judgement on July 17, 2019, the court ruled that Erhan Tuncel should be sentenced to 99 years, 6 months in total on charges of "attempted murder with premeditation and by using a bomb, damage to property, being a member of a criminal organization and aiding a wilful murder", Yasin Hayal to 7 years, 6 months in prison for "establishing and leadign an armed criminal organization" and Ogün Samast to 2 years, 6 months in prison on charge of "being a member of an armed criminal organization." The court also sentenced Zeynel Abidin Yavuz to 14 years, 22 days, Tuncay Uzundal to 16 years, 10 months, 15 days and Ahmet İskender and Ersin Yolcu to 1 year, 10 months, 15 days in prison each on similar charges. Defendants Salih Hacısalihoğlu and Osman Hayal were acquitted by the court. |
(HA/SD)
