Appeals court announces verdict in the case regarding the death of Müslüme Yağal

The verdict has been announced in the case where 4 relatives, 1 of whom is imprisoned, were tried in the appeals court regarding the death of 3-year-old Müslüme Yağal, whose lifeless body was found 9 days after searches began following her family's missing person report in the Gülnar district of Mersin 3 years ago.

The grandfather, H. Yağal, who was arrested in connection with the death of Müslüme Yağal on November 19, 2021, attended the hearing held at the Adana Regional Court of Justice 18th Criminal Chamber via the Audio and Video Information System (SEGBİS) from prison. The non-detained defendants, mother S. Yağal, grandmother A. Yağal, and brother O. Yağal, as well as the representative of the Ministry of Family and Social Services and the lawyers of the parties, were present in the courtroom.

After the previous defenses were read, the public prosecutor presented their opinion on the merits.

The prosecutor requested that the appeal against the conviction for "qualified sexual assault" against daughter-in-law S. Yağal, which was decided by the Silifke 2nd High Criminal Court, be rejected on the merits as there was no illegality, and requested that the 5-year, 7-month, and 15-day sentence for "child sexual abuse by molestation" against the girl child A. Yağal, who was determined to have been born as a result of this assault, be revoked and the defendant be punished for the crime of "child sexual abuse."

In the opinion, it was requested that the acquittal decision for H. Yağal regarding the charges of "intentional killing," "qualified sexual abuse of a child," and "deprivation of liberty using force, threat, or deception for sexual purposes" against Müslüme be overturned, and that the defendant be punished for the crimes charged in line with the documents and expert reports obtained during the process regarding the little girl's death.

The opinion also requested that mother S. Yağal, who was acquitted of "aiding and abetting a criminal," be punished for the crime charged.

The court panel found the acquittal decisions for H. Yağal regarding the crimes committed against Müslüme to be in accordance with the law and decided to reject the appeals on the merits.

The 28-year conviction for H. Yağal for "qualified sexual assault" against his daughter-in-law S. Yağal, and the acquittals of grandmother A. Yağal, mother S. Yağal, and brother O. Yağal, who were tried for "aiding and abetting a criminal," were also found to be in accordance with the law by the court panel.

The panel revoked the 5-year, 7-month, and 15-day sentence given to H. Yağal for "child sexual abuse by molestation" against A. Yağal, the girl child born from the "qualified sexual assault" against his daughter-in-law S. Yağal. Explaining that the time, place, and manner of the act, as well as the severity of the damage and danger caused, were taken into consideration, the panel sentenced the defendant to 9 years in prison for the crime of "qualified sexual abuse of a child." The sentence was increased to 17 years and 12 months on the grounds that the crime was "committed against a descendant" and "committed multiple times in a chain."

Thus, H. Yağal's total prison sentence increased to 45 years and 12 months.

WHAT HAD HAPPENED?

The family of 3-year-old Müslüme reported her missing on November 10, 2021, while they were setting up a tent in the rural area of Yanışlı Neighborhood in the Gülnar district of Mersin, and the teams that started the search found the lifeless body of the missing child in the rural area of the district on November 19, 2021.

In the indictment prepared after the investigation, prison sentences were requested for the child's arrested grandfather H. Yağal for "intentional killing," "qualified sexual abuse of a child," and "deprivation of liberty using force, threat, or deception for sexual purposes," and for the non-detained defendants grandmother A. Yağal, mother S. Yağal, and brother O. Yağal for "aiding and abetting a criminal."

An additional indictment prepared on the allegation that H. Yağal committed "qualified sexual assault" against his daughter-in-law S. Yağal and also committed the crime of "child sexual abuse" against A. Yağal, who was determined to have been born from this assault, was merged with the case file.

In his opinion on the merits, the public prosecutor had requested the acquittal of the non-detained defendants grandmother A. Yağal and brother O. Yağal, who were tried for "aiding and abetting a criminal," and the punishment of mother S. Yağal.

LOCAL COURT DECISION

In the verdict hearing held on October 17, 2023, by the Silifke 2nd High Criminal Court, grandfather H. Yağal was acquitted of the charges of "intentional killing," "qualified sexual abuse of a child," and "deprivation of liberty using force, threat, or deception for sexual purposes" against Müslüme due to insufficient evidence.

The court panel sentenced H. Yağal to 14 years in prison for the crime of "qualified sexual assault" against his daughter-in-law S. Yağal, and the sentence was increased to 28 years, taking into account that it was "against a relative" and "committed more than once."

Imprisoned H. Yağal was also sentenced to 3 years in prison for "child sexual abuse by molestation" against A. Yağal, who was determined to have been born as a result of the "sexual assault" against his daughter-in-law, and the sentence was increased to 5 years, 7 months, and 15 days on the grounds that the crime was committed against his "own child."

It was ruled that H. Yağal, who was sentenced to a total of 33 years, 7 months, and 15 days in prison, would remain in custody.

The court panel had decided to acquit the non-detained defendants grandmother A. Yağal, mother S. Yağal, and brother O. Yağal, who were tried on charges of "aiding and abetting a criminal."

In the hearing, the panel, which announced the Forensic Medicine Institute reports, stated that no findings were found indicating that Müslüme had been sexually abused, that the exact cause of death of the little girl could not be determined, and that it was taken into account that the victim could not have climbed to the area where her lifeless body was found on her own.