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İ.Ö., a witness of more than 100 cases, including the case where the Contemporary Lawyers' Association (ÇHD) were sentenced to more than 159 years in prison, has sent a petition to the Court of Cassation through his attorney, stating that his testimony should not be taken into account due to psychological reasons.
In the petition that attorney Yağız Yıldız submitted to a case at the Court of Cassation, where İ.Ö. is also a defendant, it was stated that İ.Ö. had hallucinations and medical reports supporting this were submitted.
The petition also noted that the court only took İ.Ö.'s testimony into account when giving a judgment and there was no other evidence supporting his statements.
"There is no evidence in the file other than the defendant's statement"
"The basis in criminal law is to reach the truth," the petition said, adding that there was no complementary evidence in the case other than the defendant's statements although the local court gave a ruling based on İ.Ö.'s statements.
"The defendant, at the age of 10, at an age when he had no voluntary ability, he was unconsciously dragged into crime. Due to his loneliness and desperation, he didn't have the chance and opportunity to get away from this chaos that he was dragged into. For this reason, he is exposed to hallucinations, he is having hallucinations," said the petition
It further said that the local court gave a ruling without taking into account that İ.Ö. was dragged into crime at the age of 10 and without inquiring whether what he was exposed to during his childhood could cause hallucinations and whether he has the "ability to perceive" and criminal capacity.
"Defendant İ.Ö. requests establishment of a judgment by considering these reports," the petition said, referring to the medical report about İ.Ö.'s condition.
"It is a natural and very painful fact that a person who lives as a child dragged into crime at the age of 10 experiences hallucinations and it is clear that the file did not reach the truth under these circumstances."
For these reasons, the petition demanded the Court of Cassation to overturn the court ruling.
The attorney says in the petition that İ.Ö. was diagnosed with "atypical psychosis" in 2011. A psychologist says, "It is possible that this person may have hallucinations and delusions," according to the report.
23 years of prison sentence just because of İ.Ö.'s statement
The case that İ.Ö. sent the petition for is the case where Nazm Şafak Korkmaz stood trial.
Korkmaz's phone had been tapped for more than a year as part of an investigation for "membership of a terrorist organization" against him. The prosecutor who examined the records stated that there was no evidence that Korkmaz participated in the alleged events or he was a member of the Revolutionary People's Liberation Party-Front (DHKP-C).
The prosecutor's office also requested a report about Korkmaz from the İstanbul Security Directorate Intelligence Branch. The police report also said that he wasn't found to be in contact with the "terrorist organization."
Despite all these, a criminal case was opened against Korkmaz because of the statements of İ.Ö., who said that he had been an informant since the age of 10.
Korkmaz was sentenced to 23 years and 9 months in prison based on İ.Ö.'s statements. The case is currently at the Court of Cassation.
İ.Ö. previously tipped his father off, saying that he joined the group via his father.
The 36-year-old has been in prison for 13 years. He will be able to be conditionally released in 2022. But there are still cases that he is under trial and facing heavy punishment.
The crimes he is convicted for are buying, carrying and possessing unlicensed firearms and bullets, injury, armed looting, false imprisonment and simple injury. (AS/VK)
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