Reasoned decision in Zonguldak illegal mine tragedy: 'No intent' found in death of Afghan miner Nourtani

The court's reasoned decision has been released in the case concerning the death of 49-year-old Afghan national Vezir Mohammad Nourtani, whose body was burned after he lost his life in an illegal mine in Zonguldak. 

In the 77-page reasoned decision prepared following the verdict hearing on April 11, it was emphasized that there was no hostility between the defendants and Nourtani, and that there was no definitive, convincing evidence of intentional killing. For this reason, the court ruled that the defendants should be punished under the scope of 'conscious negligence' rather than 'probable intent'.

CONVICTIONS REMAINED LIMITED

While Hakan Körnöş and Enver Gideroğlu, two of the owners of the illegal mine, were sentenced to 5 years and 8 months in prison, Körnöş's cousin Ahmet Aydın was sentenced to 4 years and 6 months. Mine workers Sercan Kayabaş, Eray Demiro, and Alaattin Çayırlı were each sentenced to 2 years in prison. However, Alaattin Çayırlı's sentence was reduced to 1 year and 8 months due to his cooperation with the prosecutor's office.

DEFENDANT WHO ADMITTED TO 'BURNING THE BODY' RECEIVED THE MAXIMUM SENTENCE

The decision also addressed allegations that Nourtani's kidney had been removed. However, the examination conducted by the Council of Forensic Medicine stated that the internal organs had fused together due to the burning, making a definitive determination impossible.

While it was noted that Ahmet Aydın confessed to wrapping Nourtani's body in a blanket, loading it into a vehicle, and then burning it, the decision stated that this act was evaluated under 'tampering with evidence' and received the maximum sentence due to its 'brutal nature'.

THE 'WAS HE ALIVE?' DEBATE AND THE INTERPRETATION OF 'THE DEFENDANT BENEFITS FROM DOUBT'

The court stated that the exact moment of Nourtani's death could not be scientifically determined, and therefore evaluated the doubt regarding whether he was still alive in favor of the defendants. The reasoned decision included the statement, 'He must be considered dead at the time he was wrapped in a blanket and placed in the trunk.' This led to the acceptance that the death occurred as a result of a workplace accident, in accordance with the principle of 'the defendant benefits from the doubt'.

NO GOOD CONDUCT REDUCTION APPLIED

No good conduct reduction was applied, citing the defendants' personalities conducive to crime and their attitudes during the hearings. However, a reduction was made in Alaattin Çayırlı's sentence because he contributed to the clarification of the incident by applying to the prosecutor's office through his lawyer.

FAMILY LAWYER: “THE DECISION IS FULL OF CONTRADICTIONS, THE COURT CONTRADICTS ITSELF”

Kerim Bahadır Şeker, the lawyer for the Nourtani family, described the decision as 'full of contradictions' in a statement made after the reasoned decision was announced. Stating that it was impossible for the reasoned decision to be prepared within two days of the court's verdict, Şeker recalled the report prepared by the Koç University Department of Forensic Medicine. Emphasizing that the report determined Nourtani was burned alive, Şeker said, 'The court both says the death was a workplace accident and makes no assessment regarding the burning of the body. This is a self-contradictory situation.'

“THE ACT OF BURNING A BODY HAS GONE UNPUNISHED”

Lawyer Şeker expressed his reaction to the decision by saying, 'The act of burning a person has currently been left unpunished by the Zonguldak High Criminal Court.' Furthermore, noting that if the 5-year and 8-month sentences are upheld, the defendants could be released in 3 months, Şeker said, 'These individuals will walk the streets of Zonguldak freely. This situation deeply wounds the public conscience.'

APPEAL AND, IF NECESSARY, APPLICATION TO THE ECHR

Stating that the Zonguldak Chief Public Prosecutor's Office has also decided to appeal the verdict, Şeker announced that they would pursue the legal process to the end, saying, "We have full faith in judges who will conduct a fair and honorable trial. If necessary, this case will be taken to the Constitutional Court and even the European Court of Human Rights."