Retrial begins in 'Justice March' attack attempt case

The retrial of 19 individuals, who were previously sentenced for allegedly planning to drive a minibus rented from Kayseri into participants of the march initiated by former CHP Chairman Kemal Kılıçdaroğlu, has resumed following a reversal decision by the Court of Cassation.

Non-custodial defendants E.E., G.K., and E.K., along with defense attorneys, were present at the hearing held at the 2nd High Criminal Court; other non-custodial defendants did not attend the hearing.

Defendant E.E. stated that he was saddened to have his name associated with such an incident. The other defendants also denied the charges and requested their acquittal.

The court panel adjourned the hearing after the prosecutor requested time to prepare their opinion.

WHAT HAD HAPPENED?

O.K., who was determined to have planned an attack by driving a minibus he rented from Kayseri into participants of the march initiated by Kılıçdaroğlu in protest of the arrest of his party's Istanbul MP Enis Berberoğlu, was apprehended on July 5, 2017, on the march route in Kocaeli.

As part of the investigation, 26 more suspects were detained in Kayseri and Kocaeli, while suspect M.K. could not be apprehended.

A lawsuit was filed at the 2nd High Criminal Court against 5 defendants, including O.K., who was identified as the so-called "emir" of the terrorist organization DAESH, on charges of "violating the Constitution" and "attempted intentional homicide by design," while other defendants were charged with "membership in a terrorist organization."

In the verdict delivered on February 7, 2019, O.K. was sentenced to 14 years, 7 months, and 15 days in prison, while 24 defendants received prison sentences ranging from 4 years and 2 months to 21 years and 9 months. Two defendants were acquitted, and the file of the fugitive M.K. was separated.

Upon the objection of witness and complainant attorneys, the 21st Criminal Chamber of the Ankara Regional Court of Justice found the sentences of 21 defendants to be in accordance with the law, but ruled that the files of defendants S.K., C.K., B.K., B.Ç., A.K., and Ş.O., who did not have attorneys during the trial process, should be separated and sent to the local court for retrial. The court panel sentenced these 6 defendants to 6 years and 3 months in prison each for "membership in an armed terrorist organization," maintaining their previous sentences.

After the parties took the case to the Court of Cassation, the 3rd Criminal Chamber reversed the decision regarding the 19 defendants, citing reasons such as the failure of some defense attorneys to attend the verdict hearing due to excuses, the failure to consider the petitions of defendants who wished to benefit from effective remorse provisions, and the imposition of sentences on some defendants despite no evidence of organizational activity, and sent the file back to the local court.