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Court of Cassation gives its ruling in Hrant Dink case

The appeal process was concluded yesterday (June 21) in relation to the judgment of the Istanbul 14th Heavy Penal Court for the case on the killing of Hrant Dink, the editor-in-chief of Agos newspaper in 2007.

In the judgment of the first instance court, 37 persons were acquitted, most of them public officers and 26 had received prison sentences.

The 3rd Penal Chamber of the Court of Cassation has upheld the verdict for some suspects while reversing it for others. In the justification of its ruling, the supreme court stated that the gendarmerie intelligence and the police intelligence officers were in the loop, together and in the same period of time and that they acted in an organized manner and for an organizational purpose.

The Court of Cassation argued that such large-scale and organized actions could not occur without being planned, randomly, and that these issues should be evaluated together.

The court has therefore upheld the acquittals of Engin Dinç, Trabzon Police Intelligence Branch Chief of the period, Resat Altay, Trabzon Chief of Police of the time, and Ahmet Ilhan Güler, the Istanbul Intelligence Branch Chief for "negligent homicide."

The supreme court has also upheld the verdicts of conviction for Ali Fuat Yilmazer and Ramazan Akyürek, the then Chiefs of Police for "deliberate killing," and for police officers Metin Balta and Yakup Kurtaran and journalist Ercan Gün for ‘membership to terrorist organization.’

The court has, on the other hand, reversed the verdicts of Volkan Sahin, a gendarme in Trabzon for "negligent homicide," of Sükrü Yildiz, a civil inspector for "helping a terrorist organization," and of Mehmet Ali Özkilinç for " membership to a terrorist organization." The justification for the reversals was that there was no direct and conclusive evidence in the file that is above suspicion.

The requests of the gendarme and police officers Muharrem Demirkale, Okan Simsek, Veysal Sahin, Gazi Günay, Yavuz Karakaya, Osman Gülbel, and Hasan Durmusoglu to be released were rejected by the court.

What happened in the second trial?

In the second trial of the case on the murder of Hrant Dink that started in 2016, after the lawsuit filed at Istanbul 14th Heavy Penal Court against civil servants was combined with the main suit, the court reached a judgment on March 26, 2021.

In this case with 77 suspects, the files of 13 persons were separated, since they could not be brought to the court to plead.

37 people were acquitted and 27 people were given sentences. While four people received life imprisonment, two received aggravated life imprisonment. One person died while standing trial.

Those who have been acquitted: Adem Sarigöl, Adnan Acar, Atilla Güçlüoglu, Muhammer Ay, Metehan Kadir Yildirim, Niyazi Malkoç, Cevat Eser, Rahmi Özer, Resul Kütükoglu, Tevfik Cantürk, Ünsal Gürel, Ecevit Emir, Emre Cingöz, Haci Sefik Simsek, Eyüp Temel Ahmet Çetiner, Birol Ustaoglu, Sabri Uzun, Hüseyin Yilmaz, Ali Poyraz, Mikdat Özbek, Hamdi Egbatan, Mustafa Küçük, Ergün Yorulmaz, Musa Yildirim, Haci Ömer Ünalir, Resat Altay, Ali Baris Sevindik, Murat Bayrak, Tamer Bülent Demirel, Yusuf Bozca, Yüksel Avan, Hamza Celepoglu, Engin Dinç, Ercan Demir, Ahmet Ilhan Güler, Muhittin Zenit and Celalettin Cerrah

Those whose files have been separated: Fethullah Gülen, Zekeriya Öz, Ekrem Dumanli, Metin Canbay, Yunus Yazar, Faruk Mercan, Adem Yavuz Arslan, Halil Ibrahim Koca, Yilmaz Angin, Mehmet Akif Yilmaz, Ömer Faruk Kartin, Cosgun Çakar and Serkan Sahan

Those given prison sentences:

Ercan Gün, 10 years for "being a member of an armed terrorist organization,"

Abdullah Dinç, 6 years and 3 months for "being a member of an armed terrorist organization,"

Ahmet Faruk Aydogdu, 6 years and 3 months for "being a member of an armed terrorist organization,"

Hasan Durmusoglu, 12 years and 6 months for "negligence" and 3 years and 9 months for "demolishing of official documents,"

Bekir Yokus, 10 years for "helping murder,"

Önder Araz, 3 years 9 months for "demolishing official documents,"

Sükrü Yildiz, 3 years and 9 months for "knowingly helping a terrorist organization while not being under the hierarchical structure of the organization,"

Metin Balta, 3 years 9 months for "being a member of an armed organization,"

Mehmet Ali Özkiliç, 7 years and 6 months for "being a member of an armed terrorist organization" and 1 year and 18 months for "aiding an offender,"

Osman Gülbel, 16 years and 8 months for "negligent homicide,"

Yakup Kurtaran, 7 years and 6 months for "being a member of an armed terrorist organization,"

Yavuz Karakaya, a life sentence for "Attempt to overthrow the constitutional order" and 12 years and 6 months for "murder by using others,"

Mehmet Ayhan, 12 years and 6 months for "negligent homicide" and 3 years and 9 months for "demolishing official documents,"

Onur Karakaya, 12 years and 6 months for "negligent homicide" and 3 years and 9 months for "demolishing official documents,"

Faruk Sari, 12 years and 6 months for "negligent homicide" and 3 years and 9 months for "demolishing official documents,"

Muharrem Demirkale, a life sentence for "murder by using others" and a life sentence for "attempt to overthrow the constitutional order,"

Okan Simsek, 25 years for "murder by using others" and 3 years and 4 months for "forgery of official documents,"

Veysal Sahin, 25 years for "murder by using others" and 3 years and 4 months for "forgery of official documents,"

Gazi Günay, 25 years for "murder by using others" and 3 years and 4 months for "forgery of official documents,"

Özkan Mumcu, 7 years for "membership to an armed terrorist organization"

Ali Fuat Yilmazer, aggravated life sentence for "murder by using others" and 4 years and 6 months for "demolishing official documents,"

Ramazan Akyürek, aggravated life sentence for "murder by using others" and 5 years, 7 months, and 15 days for "demolishing official documents" and 7 years and 6 months for "forgery of official documents,"

Metin Yildiz, 3 years and 4 months for "forgery of official documents,"

Ali Öz, 25 years for "murder by using others" and 3 years and 4 months for "forgery of official documents,"

Volkan Sahin, 12 years and 6 months for ''negligent homicide."

Source: English Bianet