Surprise merger decision in the Sinan Ateş assassination case

Müyesser YILDIZ 12punto.com.tr

In the investigation into the assassination of former Idealist Hearths (Ülkü Ocakları) President Assoc. Prof. Dr. Sinan Ateş, a decision has been made to merge the case opened against 8 defendants—within the scope of a file separated for certain suspects—on charges of “unlawfully obtaining personal data and shielding a criminal” with the case currently being heard at the Ankara 32nd High Criminal Court, where lawyer Serdar Öktem and former Ankara Murder Bureau Chief Mustafa Ensar Aykal are being tried. However, since the 32nd High Criminal Court rejected the merger request last week, the file will be sent to the 5th Criminal Chamber of the Regional Court of Justice (İstinaf).

In the investigation conducted separately from the main Sinan Ateş assassination case, while a decision of non-prosecution was issued for 22 suspects, including former MHP deputy Olcay Kılavuz and Idealist Hearths Chairman Ahmet Yiğit Yıldırım, the second hearing was held today at the Ankara 34th Criminal Court of First Instance for the case opened against 8 suspects, primarily former Idealist Hearths Deputy Chairman Burak Kılıç, Idealist Hearths Ankara Provincial Deputy Chairman Suat Yılmazzobu, former Çubuk Idealist Hearths President Gürsel Horat, and dismissed police commissioner Talha Atalay. Only one of the defendants, Talha Atalay, attended today's hearing.

In addition to the lawyers for the parties, Sinan Ateş's mother Saniye Ateş and his sisters Selma Ateş Kazancı and Sevda Ateş Yörükoğlu were present at the hearing. Burak Çelik, who was appointed as the Idealist Hearths İzmir Provincial President after the first hearing in March, and Suat Yılmazzobu did not attend, having submitted excuse petitions, while the other defendants did not provide any excuse.

CURSE UPON BAHÇELİ

After stating that the Ankara 32nd High Criminal Court had not accepted the merger request, the judge took the statements of the parties.

Sinan Ateş's sister, Selma Ateş Kazancı, reacted to Burak Kılıç submitting a medical report by saying, “He was showing off on the streets all day yesterday. They murdered my brother; how could he not be unwell with that guilty conscience?” Noting that she did not want to say anything about the defense lawyers, Kazancı said, “They murdered my brother for three cents. The lawyers are defending them for three cents, too.”

Sevda Ateş Yörükoğlu said, “May justice be served. We are just waiting, but we have no hope. Our hope is left to God,” while mother Saniye Ateş stated the following:

“I am a complainant against all of them; I do not forgive them. I am a complainant against those who hold their leashes. They killed my son for the sake of a seat. My child did not have the slightest fault. May God destroy those Idealist Hearths, and may He especially bring a thousand kinds of trouble upon Devlet Bahçeli. I hope there will be justice. I want justice, I want justice, I want justice.”

Hüseyin Kaya, the lawyer for Sinan Ateş's wife Ayşe Ateş, requested that this file be merged with the case being heard at the Ankara 32nd High Criminal Court.

Şeyda Şahin, one of the lawyers for the Ateş family, pointed out that Saniye Ateş had dropped to 43 kilograms and requested both the merger of the cases and that the defendants who did not attend the hearing without excuse, despite not being granted an exemption, be arrested or subjected to the strictest judicial control measures. Lawyer Süleyman Kavak also reiterated the merger request, saying, “Let’s not take several hides from one skin.”

Following the statements of the participants, the prosecutor left the merger request to the discretion of the court and provided an opinion that a warrant for the forcible appearance of the defendants who did not attend the hearing without excuse should be issued for the next session.

The only defendant present at the hearing, dismissed commissioner Talha Atalay, repeated his previous defense and maintained that he was innocent.

Burak Kılıç's lawyer, Mahmut Nedim Suiçmez, stated that his client had never violated judicial control without an excuse and that he had sent a medical report today as well, explaining the following:

“Burak Kılıç is being tried only with data allegedly extracted from Tolgahan Demirbaş's phone. However, there is no documentation in the file regarding the examination of Tolgahan Demirbaş's phone. Since Tolgahan Demirbaş's phone was not obtained and examined in accordance with the law, there is no need for us to make a defense on the merits. Because it is not evidence that will form the basis of a verdict. No criminal elements were found on Burak Kılıç's phone.”

Ahmet Baki İmam, the lawyer for defendant Suat Yılmazzobu, and Zeynep Betül Tan, the lawyer for Gürsel Horat, also argued that Tolgahan Demirbaş's phone was obtained through unlawful means, and therefore the foundation of the case was flawed, requesting that their clients be acquitted and the merger requests be rejected.

After the statements were completed, the judge of the 34th Criminal Court of First Instance announced that, due to the understanding that there is a factual and legal connection between the case and the case being heard at the Ankara 32nd High Criminal Court, a decision was made to merge this case with the file at the 32nd High Criminal Court; however, because the 32nd High Criminal Court rejected the merger request, the file would be sent to the joint higher authority, the 5th Criminal Chamber of the Regional Court of Justice, and that the trial would continue at the 32nd High Criminal Court until a decision is reached. The judge also ruled for the continuation of the judicial control measures for the defendants.