The fourth hearing of the trial related to the burning deaths of Syrian construction workers, 23-year-old Mamoun al-Nabhan, 21-year-old Ahmed Al-Ali, and 17-year-old Muhammed el-Bish, which occurred on November 16, 2021, in Güzelbahçe, Izmir, will be held today (November 8) at İzmir Courthouse 1st Heavy Penal Court.
The prosecutor is expected to present their final opinion in today's hearing and a verdict is expected. The detained defendant Kemal K. faces three aggravated life sentences for "intentionally setting fire with monstrous feelings and causing death" and up to 6 years in prison for the charge of "causing damage to property through negligence."
Zafer İncin, one of the lawyers in the case, spoke to bianet about the trial and began by recalling the negligence during the investigation process.
"Electric leakage was going to be used as an excuse to close the case"
Lawyer İncin stated that the incident was initially portrayed to the public as if it had occurred due to an electrical leakage, and they wanted to close the case in this way:
"The case was initially presented to the media as if it were caused by an electrical leakage, and they intended to close the file in this way. The trial began only after the perpetrator was captured in another investigation, and confessed to killing the three Syrian workers because they were Syrians."
The prosecutor in the investigation, despite the individual's statement, requests another report from the fire department and asks, 'why did the fire break out.' However, it seems that the İzmir Fire Department was unaware of the person's statements as they reiterate their previous report, stating that it could be due to an electrical leakage. However, flammable substances were being used. Either the incident was being covered up or it was being portrayed as if there was some negligence. In other words, a thorough examination was not conducted during the investigative stage."
"Without his confession, the incident would never have come to light."
İncin stated that the defendant, Kemal K., had gone to the police station 23 times after committing the attack, but it is still not clear why he went there:
"In fact, we saw a chain of negligence leading up to the arrest of the killer. If he hadn't confessed and if it had never come to light.
However, during the trial, the defendant initially confessed but later in the hearings, he claimed that he hadn't done it. He says that his employer set him up, that he had previously worked for the Gendarmerie Intelligence and Counter-Terrorism Organization (JİTEM), and that he interpreted the note left on his car as a message from JİTEM and committed the murder."
"Our request to investigate the JİTEM connection was rejected"
On the basis of these contradictions and statements, a mental health report was obtained, which stated that he was mentally sound. Our requests to investigate whether the incident was an organized crime were accepted, but no connection was found. However, it doesn't seem very reasonable for such an act to be carried out by a single person.
Even if it were, especially hate speech against Syrian refugees triggers such attacks. We see this attack as a manifestation of the impact of politicians' hate speech against refugees on people. We demand that it not go unpunished because impunity paves the way for new attacks." (RT/PE)