37 acquittals, 26 convictions, 4 life sentences, 2 aggravated life sentences

* Photo: Fatoş Erdoğan

Click to read the article in Turkish / Kurdish

The 131st hearing of the retrial of public officials over the killing of Agos Newspaper Editor-in-Chief Hrant Dink was held today (March 26).

In the trial of 77 defendants, no ruling has been handed down for one person as he has lost his life. The files of 13 defendants have been separated as their defense statements could not be taken. 37 defendants in total have been acquitted while 26 have been convicted.

Four defendants have been sentenced to life imprisonment and two defendants have been given an aggravated life sentence. The court board has ruled that the arrest of six defendants shall continue and six defendants shall be arrested as per the ruling handed down today.

As Şeref Ateş lost his life during the course of the trial, all charges brought against him have dropped.

Defendants made last statements

The hearing where the final ruling was expected started at 10.23 a.m. and Presiding Judge asked the defendants for their last words. Ali Fuat Yılmazer said, "To me, this trial has not come to a point where a last word can be said. I do not believe that your court is independent or fair."

Ercan Gün, saying that he was trying to see the hidden side of the murder, stated, "If I had not reported this news, would I have been arrested for five years? Just as Hrant Dink did not regret publishing that article series, I do not regret, either. I have paid a price as well, like Hrant Dink. Just as Galileo once said, 'Still the earth moves.' Journalism is not a crime."

Saying his last words, Ramazan Akyürek indicated: "I was arrested in February 2015 and brought to Silivri. My professional life of 38 years ended as well. I worked in counterrorism all through my life. We, as a family, know what terror is, I was targeted by terrorist organizations before.

"I vehemently condemn this murder. Those put on trial in this case due to deliberation or negligence have been announced quite clearly. The public officials who did not do their duty have been understood. Even though my innocence is so apparent that it can be understood by everyone, I am still arrested pending trial, which is very wrong. I did my duty."

Okan Şimşek said, "All of the crimes in the indictment are lies. In the final opinion, the prosecutor did not evaluate the evidence in our favor. We have no connection with any terrorist organizations. It is not at my disposal to disturb the Constitutional order. I request my acquittal."

Muharrem Demirkale also indicated, "The prosecutor and police treated me quite unfairly. That was execution with extreme prejudice. Thank God that I am innocent. I will say my last word later on."

Starting his speech, Hamza Celepoğlu first expressed his get-well-soon wishes to the judge of the court board and said:

"My request and hope is that you finalize this case of plot against me in acquittal. Don't disturb the balance of justice. I wish that there will be an opportunity to come to terms with those who caused this."

Mehmet Uçar said "While I was working at the C Bureau, I did not witness any information that Hrant Dink would be killed. I want my acquittal."

Yavuz Karakaya said, "I was a public official who had nothing to do with Hrant Dink's death. Upon the allegations that I was a putschist, I was smeared with aspersions, with principles of law being disregarded. I believe that justice will be served, sooner or later."

Muhittin Zenit indicated, "I am the intelligence officer who gave the information that Hrant Dink would be killed. Even though I was sent from Trabzon to work in another province, I helped to solve the murder. I cannot understand why I am put on trial. I want my acquittal."

Veysel Şahin said: "I was working at the Trabzon Intelligence Branch. I am the first person who voluntarily talked about what he went through about the murder. We informed our superiors about the murder not after the murder, but at the moment that we learned about it.

"I did everything that I could do as a specialist sergeant. I do not do anything other than informing my superiors. I demand my acquittal of the unreal charges brought against me by the prosecution."

Celalettin Cerrah said, "When this case was first filed, I was the governor. I was put on trial without my being a governor taken into consideration. I should have been tried by the Court of Cassation. I fulfilled my duty properly. I served this state for 47 years. I request my acquittal."

37 people acquitted

The hearing was recessed after the last statements for the ruling. The court has handed down its ruling and acquitted the following defendants:

Adem 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 separated

The court has also ruled that the warrants against nine people shall remain in force and their files shall be separated: 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.

26 people sentenced to prison

26 defendants have been sentenced to prison:

Ercan Gün has been sentenced to 10 years in prison for "being the member of an armed terrorist organization"
Abdullah Dinç has been sentenced to 6 years, 3 months in prison on charge of "being the member of an armed terrorist organization"
Ahmet Faruk Aydoğdu has been sentenced to 6 years, 3 months in prison on charge of "being the member of an armed terrorist organization"
Hasan Durmuşoğlu has been sentenced to 12 years, 6 months in prison on charge of "negligent act" and to 3 years, 9 months in prison for "destroying official document" while other charges dropped due to violation of statutory limitations
Bekir Yokuş has been sentenced to 10 years in prison for "aiding the act of killing"
Önder Araz has been sentenced to 3 years, 9 months in prison on charge of "destroying official document"
Şükrü Yıldız has been sentenced to 3 years, 9 months in prison on charge of "knowingly and willingly aiding the organization without being a part of its hierarchical structure" while other charges dropped due to violation of statutory limitations
Metin Balta has been sentenced to 6 years, 8 months in prison on charge of "being the member of an armed terrorist organization"
Mehmet Uçar has been sentenced to 3 years, 9 months in prison on charge of "destroying official document" while acquitted of other charges
Mehmet Ali Özkılıç has been sentenced to 7 years, 6 months in prison for "being the member of an armed terrorist organization" and to 1 year, 18 months in prison for "favoring the criminal"
Osman Gülbel has been sentenced to 16 years, 8 months in prison on charge of "deliberate killing with negligent act"
Yakup Kurtaran has been sentenced to 7 years, 6 months in prison on charge of "being the member of an armed terrorist organization
Yavuz Karakaya has been sentenced to life imprisonment on charge of "attempting to overthrow the Constitutional order" and to 12 years, 6 months in prison on charge of "killing by using another person"
Mehmet Ayhan has been sentenced to 12 years, 6 months in prison on charge of "deliberate killing with negligent act" and to 3 years, 9 months in prison on charge of "destroying official document"
Onur Kaya has been sentenced to 12 years, 6 months in prison for "deliberate killing with negligent act" and to 3 years, 9 months in prison on charge of "destroying official document"
Faruk Sarı has been sentenced to 12 years, 6 months in prison on charge of "deliberate killing with negligent act" and to 3 years, 9 months in prison on charge of "destroying official document"
Muharrem Demirkale has been sentenced to life imprisonment for "killing by using another person" and to life imprisonment on charge of "attempting to overthrow the Constitutional order"
Okan Şimşek has been sentenced to 25 years in prison on charge of "killing by using another person" and to 3 years, 4 months in prison on charge of "forgery of official documents.
Veysal Şahin has been sentenced to 25 years in prison on charge of "killing by using another person" and to 3 years, 4 months in prison on charge of "forgery of official documents.
Gazi Günay has been sentenced to 25 years in prison on charge of "killing by using another person" and to 3 years, 4 months in prison on charge of "forgery of official documents.
Özkan Mumcu has been sentenced to 7 years in prison on charge of "being the member of an armed terrorist organization"
Ali Fuat Yılmazer has been sentenced to aggravated life sentence for "killing by using another person" and 4 years, 6 months in prison on charge of "destroying official document"
Ramazan Akyürek has been sentenced to aggravated life imprisonment on charge of "killing by using another person", to 5 years, 7 months, 15 days in prison on charge of "destroying official document" and to 7 years, 6 months in prison for "forgery of official documents"
Metin Yıldız has been sentenced to 3 years, 4 months in prison on charge of "forgery of official documents"
Aliz Öz has been sentenced to 25 years in prison on charge of "killing by using another person" and to 3 years, 4 months in prison on charge of "forgery of official documents"
Volkan Şahin has been sentenced to 12 years, 6 months in prison on charge of "deliberate killing with negligent act".

CLICK - 'Threat against Hrant Dink known by law enforcement'

'It doesn't comprise behind-the-scenes actors'

Speaking to bianet about the final ruling, Reporters Without Borders (RSF) Representative to Turkey Erol Önderoğlu said:

"Hrant Dink case is not over. This is the third trial and it does not comprise behind-the-scenes actors who threatened him with a statement, threw him before violent groups as an object of hate or failed to act so that he would get killed. As a matter of fact, the attorneys of the Dink family made an application to the European Court of Human Rights (ECtHR) last year as they could not have over 20 officials put on trial.

"We, as the RSF, will keep on supporting the Dink family until all these processes leading to the death of a journalist and a person of peace are revealed and all responsible parties are put on trial."

Hrant Dink murder case

In 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)

RULING IN HRANT DINK MURDER CASE