Low sentences for armed assault on journalist

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The case concerning an armed assault on Hakan Denizli, a local daily newspaper in the southern Adana province, has been completed after two years.

The Adana 26th Penal Court of First Instance convicted three defendants for "wilful injury" as per Article 86/1 of the Turkish Penal Code. The assault left the journalist with a platinum implant in the hip and his leg length shortened by one-and-a-half centimeters.

The court sentenced Yasin Sancar to 3 years and 9 months in prison and Ersin Ergün to 2 years and 6 months in prison for inciting the attack. Tuncay Alparslan, who had pulled the trigger, was sentenced to 2 years and 1 month in prison. He was also given a deferred prison sentence of 10 months and a monetary fine of 500 lira (59.50 USD) for possessing unlicensed weapons.

Sezer Özel, whom the court concluded was in association with the instigators in terms of "thoughts and action," was given a deferred prison sentence of 1 year and 8 months.

Veysi Cengiz was sentenced to 1 year and 3 months in prison for aiding the offense of willful injury.

Ersin Ergün, Sezer Özeral, Veysi Cengiz and Yasin Sancar were acquitted of possessing weapons. Cüneyt T., the owner of the motorcycle that was used in the attack, and Mahmut A. were acquitted of all charges.

Low sentences were "because of the prosecutor"

Speaking to bianet after the court judgment, Denizli criticized the low sentences against the defendants and that the case was heard by a first instance court rather than a heavy penal court.

"None of the defendants came to the last hearing. According to the statement of the hitman, someone told him, 'There is a journalist. He needs to be silenced. Would you do this job?' And he accepted the job. The instigators showed him my address and my car and gave him a chauffeur and a motorcycle.

"But it was subcontracted by another party to the people who attacked me. This plot was made so that there would be no trace. We don't know exactly who did this. We wanted the incident to be investigated but the prosecutor didn't even summon the person who I think did this.

"In the indictment, the prosecutor reduced this assault to simple injury. Therefore the case was heard by a penal court of first instance. The game started with the prosecutor and ended with the court.

"Yasin Sancar, who we found out to be the instigator after the hitman's statement, could not be caught in two months. He came to the court one day before the first hearing. He gave a deposition and was released. The prosecutor requested his release.

"Under normal circumstances, the sentence of inciting a crime is the same as the sentence of the crime. When other assailants were arrested at first, Sancar was released. The four people were released after the first hearing."

"The instigator didn't come to hearings"

"During this case that continued for two years, I didn't see Sancar even for once. He didn't attend any hearing, his attorney came. Now defendants received sentences but probably none of them will serve these sentences.

"The period they spent under arrest, which was about two months, will be deducted from the sentences. It's the prosecutor who ensured the case was heard by the first instance court and the sentences were lower. At the first hearing, we said the defendants should receive the heaviest sentence but couldn't make the judge accept that.

"We requested a verdict of non-jurisdiction. We said we wanted the case to be referred to a heavy penal court. But our requests were not accepted.

"A premeditated, planned assault was covered up despite the confessions of the witnesses."

"Should I have died?

"The attack that was carried out while I was together with my grandchild and daughter was reduced to simple injury. This is the most painful part.

"[They say] the hitman had more bullets in his weapon, they could have killed me if they wanted. I don't understand, should I have died for them to stand trial for attempted killing?

"I'll appeal the verdict given by the court. I'll continue my struggle until I find the people who are behind this. My struggle will continue until justice is served." (HA/VK)