Supreme Court ruling in İzmir coup case

The Supreme Court of Appeals has upheld the aggravated life sentences handed down to 46 defendants in the İzmir coup case.

The Chamber reviewed the appeal against the November 24, 2022, ruling by the İzmir 20th High Criminal Court, which was issued following a retrial after a previous reversal.

According to the ruling, the aggravated life sentences for "violating the constitution" given to 46 defendants, including former Aegean Army Command Chief of Staff Major General Memduh Hakbilen, former Brigadier General Veyis Savaş, and former Rear Admiral Yaşar Çamur, as well as the life sentence given to one defendant, were upheld.

The convictions of former Foça Gendarmerie Commando School Command Acting Chief of Staff Colonel Hakan Bıyık and former Amphibious Marine Brigade Commander Rear Admiral Halil İbrahim Yıldız, who served as secret witnesses under the codenames "Şapka" (Hat) and "Kuzgun" (Raven) following the coup, were also upheld.

The 18-year and 6-month prison sentences given to Bıyık and Yıldız for the crime of "violating the constitution," which included a reduction under Article 38/3 of the Turkish Penal Code, were also upheld.

The Chamber also upheld the fixed-term prison sentences ranging from 7 years and 6 months to 10 years and 6 months for 17 defendants, including former Major General Ahmet Cural, for the crime of "membership in an armed terrorist organization."

The local court's acquittal of former Brigadier General Nihayet Ünlü due to "insufficient evidence" was also upheld.

The Chamber overturned the convictions of 9 defendants who had received fixed-term prison sentences for "membership in an armed terrorist organization" and one defendant who had been sentenced to 2 years and 1 month for "knowingly and willingly aiding an armed terrorist organization," citing various reasons.

BACKGROUND OF THE CASE

The İzmir 2nd High Criminal Court had issued its verdict on May 21, 2018, in the case regarding the actions in İzmir during the FETÖ coup attempt. The panel had sentenced 104 defendants to aggravated life imprisonment for "attempting to abolish the constitutional order," two defendants to 16 years and 8 months, and other defendants to fixed-term prison sentences ranging from 7 years and 6 months to 20 years.

The Supreme Court of Appeals had overturned the decision regarding some defendants, and the case was retried at the İzmir 20th High Criminal Court, where a verdict was reached on November 24, 2022. It was subsequently sent to the Supreme Court of Appeals for review.