Assailant Gencer demands sentence reduction upon unjust provocation

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The third hearing of the trial over the murder of Deniz Poyraz by an armed assailant Onur Gencer, was held today, 29 April, at İzmir Bayraklı Courthouse, 6th High Criminal Court.

Poyraz, a member of the pro-Kurdish People's Democratic Party (HDP), was killed in an armed assault on the HDP İzmir office on 17 June 2021.

The hearing was followed by HDP Group Deputy Chair Saruhan Oluç and other HDP MPs, Republican People's Party (CHP) Deputy Sezgin Tanrıkulu, Human Rights Association Co-Chair Eren Keskin, Human Rights Association (İHD) Honorary Chair Akın Birdal, Peace Foundation Chair Hakan Tahmaz and several human rights activists and HDP members.

While Poyraz's family members were also present during the hearing in İzmir 6th High Criminal Court, arrested defendant Gencer attended the hearing via the use of Audio Visual Information System (SEGBIS).

Attorney Hamza Çiftçi speaking first, evaluated the rejection of the bar associations intervening in the case.

"Your decision of the rejection of the bar associations intervening in the case is inaccurate. According to Attorney's Act, bar associations are responsible for the protection of human rights. The defendant's actions are not only against one person but against HDP members, executives and democracy."

Siirt Bar Association Chair Attorney Kenan Bilge speaking after him told to board that they insist on their request of intervening in the case.

"This murder is not a petty crime. It is an attack against all people who support the HDP it is an attack against all HDP members. It is an organized crime" he said.

Defendant has to be present in the court room

"The defendant is scared to be present in the court room. We are talking about a defendant whose interrogation has not been completed yet. You are responsible for bringing the defendant to the court room" said İzmir Bar Chair Özkan Yücel to the court board.

Another attorney Türkan Aslan Ağaç noted that listening to the statements of Gencer via SEGBİS is not acceptable.

"This is not an ordinary case; this is a political murder. You cannot take his statements with instructions, via SEGBİS. Like I have to communicate with you face to face, I have to communicate with the defendant face to face. Who is next to him we do not know. We do not know who he is speaking with. It is not possible for us to ask our questions under these circumstances. If necessary, we demand a break to the hearing and the defendant to be brought to the court room."

Gencer's family exempted from testifying

Ağaç also said that they learned about Gencer's family's being exempted from testifying.

"These people are not normal witnesses; they are people who have relations with the defendant. I have different questions for each one of them. How am I going to find these people who made their statements upon instructions? Everybody is here but where is the defendant, he is on a TV screen."

Prosecutor expressed his opinions about the rejection of the request of the bar associations of intervening in the case.

Request of the defendant being brought to the court room was rejected unanimously.

Later upon the request of the attorneys the court gave a break for five minutes.

'We reject the court board'

Attorney Özkan Yücel spoke after the break:

"You are in attitude of blocking the search for justice. We have concerns about your objectivity. We demand the recusal of the court board" he said.

After the question of the presiding judge to defendant Gencer about whether he would like to join the hearing via SEGBİS, attorneys and other people who were in the court room reacted.

Defendant Gencer demanded sentence reduction from the court board upon unjust provocation.

Hearing adjourned

The court announced its decision and rejected the attorneys demand for the recusal of the court board. Court referred attorneys request to 7th High Criminal Court.

Court also ordered the defendant's sister Nurgül and Father Nuri Gencer to be present in the next hearing and also defendant Gencer to be present in the court room in the next hearing.

The next hearing will be held on July 18.

What happened?

Onur Gencer stormed the HDP's İzmir provincial office on June 17 and shot party worker Deniz Poyraz dead. His social media posts revealed that he was a sympathizer of the nationalist Grey Wolves group.

The indictment prepared by the İzmir Chief Public Prosecutor's Office included the finding that Gencer had confessed his crime in the WhatsApp messages after the attack and when leaving the building.

However, according to the indictment, "no one who aided before, during or after the incident or no one who incited the defendant could be found and no evidence could be obtained that he had anny connections with a terrorist organization before or after the incident."

The indictment also to the assailant's "diagnosis with anxiety disorder and mild depressive episodes" in 2016.

Gencer's statement to the police that "My purpose was to harm the PKK. I began searching for the families who supported the PKK. I found the family selling coal in Bayraklı on the internet."

According to the statement he had initially planned to attack the family at their shop on December 31, 2020, but later gave up on the plan after they told him over the phone that they would close the shop earlier than usual due to the new year's eve.

Gencer's statements that he had decided to attack the HDP one day before the incident and that he had shot Poyraz in the head to make sure she died were also in the indictment.

It was also stated in the indictment that Gencer, who stated that he called the phone numbers in the HDP Provincial Building when he came to reconnaissance to carry out a planned attack, but could not reach anyone, decided to attack the day before the incident.

The prosecution demanded an aggravated life imprisonment for Gencer on the charge of "premeditated wilful killing" and up to 7 years in prison on charges of "violating the immunity of workplace" and "damaging the buildings, facilities or property of the political parties or professional organizations."

(RT/TB/SD)

DENİZ POYRAZ CASE