Flash development in the abuse case that has gripped Turkey!
In the case of H.K.G., who was sexually abused at the age of 6, the Court of Cassation has overturned the convictions of the defendants on procedural grounds. The case has been sent to the Istanbul Regional Court of Justice for re-evaluation.
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A new judicial process is beginning in the case concerning H.K.G., the daughter of Yusuf Ziya Gümüşel, founder of the Hiranur Foundation affiliated with the İsmailağa Community, who was married off at the age of 6 to community member Kadir İstekli under the guise of an Islamic marriage and subjected to years of sexual abuse.
The 9th Criminal Chamber of the Court of Cassation reviewed the file on procedural grounds and overturned the conviction rulings previously issued against the defendants.
HOW DID THE PROCESS UNFOLD IN THE CASE?
Defendant Kadir İstekli was initially sentenced to 30 years in prison by the Istanbul 2nd Anatolian Assize Court. This decision was found insufficient and overturned by the appellate court, which emphasized that İstekli should have been sentenced for both "child sexual abuse" and "sexual assault."
In the retrial, İstekli was sentenced to a total of 36 years in prison for two separate crimes. The father, Yusuf Ziya Gümüşel, received a sentence of 18 years and 9 months. The mother's file was separated and moved to a different judicial process.
COURT OF CASSATION: PROCEDURAL ERROR COMMITTED
The 9th Criminal Chamber of the Court of Cassation found it procedurally improper for the appellate court to send the file back to the local court following its own reversal decision. The ruling stated that the appellate court should have handled the file itself after its own reversal.
In this context, the Court of Cassation decided to send the file to the 20th Criminal Chamber of the Istanbul Regional Court of Justice. In the coming period, the file will be re-evaluated by this chamber.
TO BE HEARD AGAIN IN APPELLATE COURT
This decision by the Court of Cassation has opened the door to a new era in the case. The Istanbul Regional Court of Justice will re-examine the local court's decisions.