New development in the Pınar Gültekin murder case: Sentence for killer Cemal Metin Avcı overturned
The aggravated life sentence handed down to Cemal Metin Avcı, who murdered Pınar Gültekin, has been overturned by the Court of Cassation. The Court of Cassation requested that an 'unjust provocation' reduction be applied to the sentence.
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A new development has occurred in the case of Cemal Metin Avcı, who murdered university student Pınar Gültekin in Muğla in 2020, and his brother Mertcan Avcı, who was tried on charges of aiding him. The case, which had previously concluded in the local court, has been overturned by the Court of Cassation.
DEBATE OVER SENTENCE REDUCTION
The court in Muğla had sentenced Cemal Metin Avcı to aggravated life imprisonment but reduced this sentence to 23 years by applying an "unjust provocation" discount. His brother, Mertcan Avcı, had been acquitted.
The decision was taken to the İzmir Regional Court of Justice. The appellate court converted Cemal Metin Avcı's sentence to aggravated life imprisonment and sentenced Mertcan Avcı to 4 years in prison. However, upon the parties' appeal, the file went to the Court of Cassation.
SURPRISING DECISION FROM THE COURT OF CASSATION
According to a report by Ceylan Sever from Habertürk, the Court of Cassation overturned the decisions regarding both Cemal Metin Avcı and Mertcan Avcı. The Court of Cassation ruled that Cemal Metin Avcı should not be tried for the crime of "premeditated murder with monstrous feeling" but rather for "simple intentional homicide" or "murder by torture." This opened the door for the application of an unjust provocation reduction.
Two members of the five-person panel at the Court of Cassation objected to the decision and filed a dissenting opinion.
With this development, the case will be retried and a new decision will need to be reached. Pınar Gültekin's family and women's rights advocates are demanding that the process result in a fair and deterrent sentence.
REACTION FROM LAWYER EPÖZDEMİR
Dr. Rezan Epözdemir, the lawyer for the Gültekin family, reacted to the decision by stating:
"The determination that the sentence should be reduced by applying unjust provocation, by attributing sanctity to an unjust provocation defense that is memorized, fabricated, and unsupported by the evidence in the file, is clearly devoid of legal basis and unfounded. If the decision becomes final in this form, the defendant Cemal Metin Avcı could be sentenced to between 12 and 18 years in prison. If he is given a final sentence of 12 years, he will remain in prison for 7 years after the application of conditional release and probation institutions; if he is given a sentence of 18 years at the upper limit, he will remain in prison for 11 years after the application of conditional release and probation institutions."