Prosecutor protests 'benefit of the doubt' acquittal

According to the case file, Zerin Kılınç (36), a mother of one, was living with her boyfriend Yılmaz Sazak (34) in Eskişehir. On June 20, 2022, at 9:34 PM, she lost her life after falling from the window of the second-floor apartment where she lived.

As part of the investigation launched, the suspect Sazak was released after his statement was taken, and no precautionary measures were applied against him.

According to the report by Hürriyet, a case was filed against Sazak at the Eskişehir 5th High Criminal Court for the crime of 'intentional killing of a woman' regarding the incident, which sparked a debate over whether it was suicide or murder.

BENEFITED FROM DOUBT

The court decided to acquit the suspect in accordance with the principle of 'the defendant benefits from doubt.' The Eskişehir Chief Public Prosecutor's Office and the family's lawyer, Ahmet Seyhan, filed an appeal against the acquittal decision.

The 2nd Criminal Chamber of the Ankara Regional Court of Justice, which conducted the appellate review of the decision, decided to reject the appeals on their merits on May 16, 2024, with a single-sentence justification stating that 'there is no illegality in the court's decision regarding procedure or substance.'

The Ankara Regional Court of Justice Chief Public Prosecutor's Office filed an objection regarding the appellate court's confirmation decision.

'I WILL TAKE YOUR LIFE' THREAT

In its objection, the Chief Public Prosecutor's Office stated that suspect Yılmaz Sazak and the victim Zerin Kılınç were in a relationship, that there were constant arguments between them due to jealousy, that the suspect argued with the victim by claiming she had a relationship with her manager at work, and that he sent threatening messages to the young woman on and after June 4, 2022. It was noted that the messages contained threatening expressions such as "Look, now you will pay the price for that cheating, you went to cheat on me, the manager is there too because he shared a photo, you're dead, I'm telling you I will take your life, what do you mean by hitting and breaking."

BEAT HER WITH A BROOM AND PUSHED HER FROM THE WINDOW

In its objection, the Chief Public Prosecutor's Office stated that an argument broke out between the parties at the victim's residence on the date of the incident, that the suspect battered the victim, hit her with a broom handle, the broom handle broke, he threw an ashtray, and that he pushed the victim, who was near the window during the incident, causing her to fall to the ground and die. In summary, it was stated: "It is understood that he thus committed the charged crime of intentional killing of a woman."

In its objection, the Chief Public Prosecutor's Office stated that while the suspect Yılmaz Sazak should have been punished for the crime of "intentional killing of a woman," the acquittal given by the local court and the decision made by the Ankara Regional Court of Justice 2nd Criminal Chamber as a result of a review conducted over the file without holding a hearing were contrary to procedure and law.

LAWYER: HE STAGED IT AS A SUICIDE

In the appeal filed by the family's lawyer, Ahmet Seyhan, against the appellate decision, it was argued that the decision rendered by the Regional Court of Justice was clearly contrary to procedure and law and that the decision caused a deep wound in the public conscience. It was stated, "Within the scope of the investigation, it was determined by the indictment that the suspect killed the victim by pushing her and tried to stage it as a suicide, taking into account the crime scene, which was like a battlefield, and the suspect's constantly contradictory statements."

In the appeal, it was recalled that an arrest warrant was issued for Sazak 6 months after the young woman's suspicious death once the incident was reflected in the press, and that the suspect was released with the verdict; it was also requested that an arrest warrant be issued for the suspect. The Court of Cassation will make the final decision regarding the file.

News Source: 12punto