Indictment prepared 4 years after her death: 'Aleyna Çakır' case includes final text messages

The Ankara Chief Public Prosecutor's Office has requested a prison sentence of up to 15 years for Çakır's boyfriend, Ümitcan Uygun, on charges of 'inciting suicide and reinforcing the decision to commit suicide' and 'torture'.

Sema Esen, known by the name 'Aleyna Çakır', was found dead in her home in Keçiören on June 3, 2020. Following Çakır's death, the Ankara Chief Public Prosecutor's Office launched an investigation.

Within the scope of the investigation, her boyfriend Ümitcan Uygun was detained and released after giving his statement. It had emerged that before her death, Çakır had filed a complaint against Uygun after he shared footage on his social media account showing him assaulting her.

15-YEAR PRISON SENTENCE REQUESTED

According to the report by Mustafa Şekeroğlu from Habertürk, the investigation conducted by the Ankara Chief Public Prosecutor's Office into Esen's death has been completed. In this context, a prison sentence ranging from 6 and a half years to 15 years has been requested for Uygun, who is held responsible for the death of Çakır, who committed suicide by hanging herself from a door with a bathrobe belt, on charges of 'inciting suicide and reinforcing the decision to commit suicide' and 'torture'.

STATEMENT FROM THE FAMILY'S LAWYER

Umur Yıldırım, the lawyer for the Esen family, said in a statement: "An indictment has been prepared approximately 4 and a half years later in the Aleyna Çakır case, which dates back to 03.06.2020. However, the indictment was not prepared for the crime of intentional homicide. The referral articles in the indictment are Article 84 of the Turkish Penal Code (TCK) 'Incitement to suicide' and Article 96 of the TCK 'Torture'. Looking at this indictment and the scope of the file, it is contrary to the ordinary flow of life to accept that a person tried to kill themselves by hanging themselves behind a door that is not even 2 meters high with a one to one-and-a-half-meter bathrobe belt. If a person were to commit suicide, I think this would be the last method they would choose. It is known by everyone that what is called a bathrobe belt is not a sturdy or thick object, and expecting it to support a person is absurd. However, within the scope of the file, not even a crime scene reconstruction was conducted regarding this issue, that is, whether it is possible for a person to commit suicide in this way."

"Calling it a suicide directly without performing this reconstruction has also failed to answer questions. Many young people like Aleyna are being torn away from the prime of their lives with such unanswered questions. It is impossible for us to accept these referral articles in any way. The indictment has tried to answer why it is not intentional homicide rather than answering questions. The trial will be held at the Ankara 34th High Criminal Court with an indictment that does not eliminate doubts in this way. I wish that while this indictment was being prepared, you had thought a little about how a person could not kill themselves by hanging themselves from a door with a one-meter bathrobe belt. If an explanation had been included in the indictment as to why the investigation was prolonged, why a sufficient examination and evaluation were not made by collecting all the evidence, and why a crime scene reconstruction was not performed, it would have been better. It raises doubts as to how healthy a trial conducted with such an incomplete indictment that is far from answering questions will be."

HERE ARE THE DETAILS IN THE INDICTMENT

The 38-page indictment details the developments following Aleyna Çakır's death and the investigation conducted. Within the scope of the investigation, the statements of the suspect Ümit Uygun were included. In his statement, Uygun stated that he and Sema Esen were in a one-year relationship and that he wanted Sema to quit her job at the nightclub where she had been working for 4 months, and that he stayed at her house from time to time. Claiming that their relationship was going well, Uygun stated that Sema Esen called him to the house on June 2, 2020, around 20:30, saying she was preparing dinner, and that he left the house after they ate together, saying, "We went out together. We met other friends and had coffee. Then I returned and dropped Sema off at her house. I left her car in front of the house and left in my friend's vehicle."

He claimed that after they parted ways, Sema Esen messaged him around 01:00, and that he never thought she would commit suicide, saying, "When I couldn't reach Sema the next day, I called my friend Bilal. I asked him to go to the house and check. He said there was music playing in the house but she wasn't opening the door. I told him to call a locksmith." He claimed that he heard Sema Esen had committed suicide in this way.

STATEMENTS OF HER SIBLINGS INCLUDED

The indictment also included the statements of Sema Esen's family members. In his statement taken on June 6, 2020, Sema Esen's brother Emrah Esen said, "Sema was my own sister; three months ago, she brought Ümit and introduced him as the person she would marry. They even showed their rings. A while later, we learned from Sema that Ümit had started a live broadcast on social media showing him assaulting Sema. Upon this, I called Ümit. However, I could not speak to him because he turned off his phone. Upon this, I called Sema, and Sema told me that 'Ümit's parents intervened and reconciled them'. On the day of the incident, a person named Sara called and said that Sema had passed away. I learned from her friends that 'Ümit had assaulted Sema, taken the money she sent, and that there was no marriage between them yet'." He stated that he was filing a complaint against Ümitcan Uygun.

THE FATHER'S STATEMENT

The indictment also included the statement of Sema Esen's father, Mehmet Esen. Stating that his daughter Sema ran away from home at the age of 16, envying the life she saw on television, the father Esen said that he reported the situation to the police and that his daughter was found and stayed in a dormitory for about a week, and that these runaways continued from time to time until she turned 18. Stating that they later opened a house in Ankara, and that once his son Himmet learned that Sema was working in a pavilion and brought her home, the father Esen said they kept her at home for three days, and that Sema called the police and filed a complaint against them, and she was placed in a women's shelter. Father Esen stated in his testimony that Sema had last left home seven or eight months before her death, saying, "I want the tissue and sperm samples from the Forensic Medicine Report to be investigated." It was stated in the indictment that father Esen declared that he was filing a complaint against the individuals who killed or incited Sema to commit suicide due to her death.

ALLEGATIONS IN THE PETITIONS OF COMPLAINANT HIMMET ESEN'S ATTORNEY

The requests of the complainant's lawyer were also included in the indictment. In the indictment, it is stated that the complainant's attorney, in a petition dated 04/09/2020, argued that Ümit Uygun did not accept the end of his relationship with Sema Esen on 17/04/2020, forced his way into her house, assaulted her, published this on social media, and attempted to kill her by pressing a pillow to her face, that Sema fainted, and according to the statements of Sara Ersoy and Fadime Uğantaş, Sema told them that Ümit would kill her one day, and for this reason, they had a complaint for intentional homicide; that on the night of the incident, Sema was not well, she wanted to meet, and although she insistently told him to come to the house, Ümit gave contradictory statements, claiming he took the car from in front of the house and left, but his claim that he did not enter the house did not make sense; as a result, by not going to the side of the suicidal person who sent messages about suicide, he incited her to suicide; furthermore, the Forensic Medicine report stated that there was semen content in the vaginal swab, a male DNA profile was found, PSA was found in the anal swab, and there were signs of assault on various parts of the body, and in this way, he filed a complaint petition requesting the expansion of the investigation regarding the occurrence of sexual assault against Sema.

SEMA ESEN'S FINAL MESSAGES

The final WhatsApp correspondence that the late Sema Esen had with the suspect Ümitcan Uygun on the night of the incident was also included in the indictment.

SEMA: You don't even kiss me

ÜMİT: Do you leave any morale in a person to kiss,

SEMA: I didn't say anything bad to you. Everything I say has become annoying to you these days. I can't understand you. I am aware that you are distancing yourself from me, that's why this is happening.

ÜMİT: All of these are things in your hands, you know, right? Let me regret it once when I go somewhere, let me go happily.

SEMA: I'm not doing anything bad, I'm at home. I told you to go too. What else can I do?

ÜMİT: Okay, as always, you are right now too.

SEMA: You are cutting it short, even though I haven't been able to see your face for days, I said go. ÜMİT: Anyway, we'll talk.

SEMA: Exactly. It's not important for you anyway. Don't be late, okay? Are you guys-only?

ÜMİT: (Sends a video showing he is only with his male friends)

SEMA: Alright then. My love, is your phone off? And your phone is off, do I not cross your mind at all? I've been wondering for hours.

ÜMİT: You've become too much, toooooo much. Let me rest my head a little.

SEMA: What happened? What's the reason? Is it not enough for me to be by your side? What are you getting full of, you should be grateful, your loved ones are by your side. What could be overwhelming you?

ÜMİT: Who is by my side? I was always alone, and I am always alone.

SEMA: You have your family, you have your brother, you have me.

ÜMİT: I never had anyone!

SEMA: So it means I was never there.

ÜMİT: I was always alone, and I am always alone...

SEMA: If I were, rest assured you wouldn't even have such thoughts. Come home. We didn't sit together today. What happened so much to push you away from me? Will you give me an answer to this, I'm really wondering. ? Will you answer?

ÜMİT:

SEMA: Why are you leaving me on read? I am the woman who sleeps in your arms and is in love with you. Do you care this little? Why don't you understand that the person in front of you is a human being, has feelings? I'm hurting too, do you understand?

ÜMİT:

SEMA: I have no one but you, you know this very well. You are knowingly putting me in trouble here. God is great, man!

ÜMİT: I always say God is great anyway.

SEMA: To all those words, is this what you answered?

ÜMİT: I have given up on myself and everyone, God is great, I don't enjoy life at all, you know I want to die.

SEMA: Have you given up on me too?

ÜMİT: On you too. On everyone. I can't be happy anymore. Do you know why? I don't even love myself. I'm disgusted even with myself. I can't make anyone happy, so that I can be happy myself.

SEMA: You gave up on me :) Good for you, what can I say, about you. I hope you will be happy.

ÜMİT: I won't be happy, it's forbidden to me.

SEMA: I'm going to sleep. It's the first time you said you gave up on me. You f***ed up my life. Call when you come. I'll open the door.

ÜMİT: My life has already been raped.

SEMA: Don't give me lip from there. Come home, talk to my face. ÜMİT: You sleep.

SEMA: Ümitcan. COME home.

ÜMİT: I said sleep. OK.

SEMA: I am very bad. Come home, don't you understand? Come home. Home. I am very bad.

ÜMİT: My mom called, she cried. I'm going to her. You sleep.

SEMA: Are you not coming home? Today?

ÜMİT: Let me go home first..

SEMA: Okay, take me, let's go. Can you go to a convenient place?

ÜMİT: What's up? Oh my God. I'll go.

SEMA: Will you open it? What does 'what's up' mean?

ÜMİT: Man, oh my God, I'm telling you, I'm going to my mom. Do you understand?

SEMA: Do I have no value to you at all? Why are you doing this to me?

ÜMİT: My Aleyna, let me tell you something, I will say one thing. One thing.

SEMA: Yes.

ÜMİT: I have given up even on myself, I don't want to upset you, I am not happy in any way. Neither my family, nor this and that. Whoever is by my side.

SEMA:

ÜMİT: I have given up. Do you know what dying is? DYING.

SEMA: You don't want me. Don't you want me?

ÜMİT: Not you, anyone!

SEMA: I called your mom.

ÜMİT: Look, my family, Mehmetcan Brother...

SEMA: You didn't call.

ÜMİT: Or anyone else... My mom called me. Saying I miss you so much.

SEMA: Do you want to break up with me? What does this mean?

ÜMİT:

SEMA: Speak clearly to me, don't you want me? Talk to me.

ÜMİT: Time, a little time. Leave me to myself.

SEMA: May God protect you. Take very good care of yourself, okay? You took my life.

ÜMİT:

SEMA: You will kill me then too. Everyone did what suited them. But don't forget this, okay? No one but your family and me will love you. Good luck to you with your brother Mehmetcan.

ÜMİT:

SEMA: Your goal was to go on that vacation. But when you go and come back from that vacation, you won't find me. Alright, may God protect you.

ÜMİT: I'm leaving here now, rest assured.

SEMA: Open it urgently. The phone... Immediately... Open. Call me. (Sends a selfie showing she is crying.)

ÜMİT:

SEMA: Look at this state of mine well. This will perhaps be the last message I send you. Not in life, you won't even be able to see it in your dreams anymore.

ÜMİT:

SEMA: I have no mother, no father in my life, I have no one! Now listen well to what I'm telling you.

ÜMİT:

SEMA: Now, right now, I am giving up on my own life. Don't forget this, I left it to my Lord, whoever made my life like this... My mother, my father, you...

ÜMİT:

SEMA: When you come, you won't find me alive in this house. ÜMİT:

SEMA: Everything, everyone will end for me today. ÜMİT:

SEMA: Whoever f*cked up my life, I leave everyone with their conscience, with their sin, from this hour on... It is stated in the indictment that a while after this message, Ümit sent a voice recording indicating that he was with his mother, brother, and father, and that Sema did not send any other messages.

It was stated that the last messages on Sema Esen's phone were delivered to Ümit Uygun at 01:41, and the 'read' notification was received at 01:51.

REASONS FOR THE PROLONGATION OF THE INVESTIGATION

The indictment also touched upon why the investigation took so many years. The reasons for the prolongation of the investigation in the indictment were explained as follows:

“As explained above, the investigation was initiated upon a suicide report. However, the investigation was expanded upon allegations that the deceased Sema Esen was intentionally killed by the suspect, first on social media and then on national channels, and witnesses who participated in the television program were reached and their statements were taken, but as explained above, it was seen that the sworn and signed statements given by many witnesses to our prosecutor's office did not match the statements on the television program, and it was seen that the reports received from the Forensic Medicine institution matched the content of the file when compared with the data reached by our prosecutor's office.”