Supreme Court ruling on the Reina massacre case

The 3rd Criminal Chamber of the Court of Cassation has completed its appellate review regarding the Reina massacre case file, which was concluded by the Istanbul 27th High Criminal Court on September 7, 2020, concerning 48 defendants.

Accordingly, the 40 aggravated life sentences and 1,368-year prison sentence imposed on the defendant Masharipov, a member of the ISIS terrorist organization and the perpetrator of the attack, for "violating the Constitution" (1 count) and "intentional killing" (39 counts) have been upheld.

The Chamber also upheld the convictions of 30 defendants sentenced to fixed-term prison sentences ranging from 6 years and 3 months to 12 years for "membership in an armed terrorist organization," as well as the conviction of one defendant for "aiding an armed terrorist organization."

REVERSAL DECISIONS

The 3rd Criminal Chamber of the Court of Cassation reversed the 20-year prison sentence for "aiding in the violation of the Constitution" and the 1,432-year prison sentence for "aiding in premeditated murder" of 39 people and "aiding in the attempted premeditated murder" of 79 people handed down to İlyas Mamaşaripov, who was considered the "planner of the terrorist attack" by the local court. In its reversal decision, the Chamber pointed out that "there is no evidence that the defendant was aware of the act, or that he helped the defendant Masharipov to carry out the act, or to escape and hide after the act." The decision stated that the defendant Mamaşaripov should be tried and sentenced within the scope of the crime of "membership in an armed terrorist organization."

Reversal decisions were also issued for 11 non-custodial defendants sentenced to fixed-term imprisonment for "membership in an armed terrorist organization" on the grounds that there was "insufficient definitive and convincing evidence for their conviction," and for one defendant convicted of "membership in an armed terrorist organization" due to "excessive sentencing."

The Chamber rejected the appeals of two defendants on the grounds that the rulings against them had become final in previous stages, and the appeal of one defendant on the grounds that it was unsubstantiated.

WHAT HAPPENED?

The Reina nightclub in Beşiktaş, Ortaköy, where people had gathered to celebrate the arrival of 2017, was attacked by Uzbekistan citizen Abdulkadir Masharipov, codenamed "Abu Muhammad al-Khorasani," using a Kalashnikov-style automatic rifle in accordance with the instructions of the ISIS terrorist organization.

After opening fire on people at the club's entrance, Masharipov entered the premises and killed a total of 39 people, including police officer Burak Yıldız, 10 Turkish citizens, and citizens of Saudi Arabia, Iraq, Jordan, Syria, Kuwait, India, Lebanon, Israel, and Tunisia. 78 people were also injured in the attack.

Taking advantage of the chaos that ensued after the incident, Masharipov fled by taxi.

Following the bloody raid, an investigation was launched by the Istanbul Chief Public Prosecutor's Office. As part of the investigation, a special team formed by the Istanbul Police Department's Counter-Terrorism Branch, in coordination with the National Intelligence Organization (MİT), conducted raids on 152 addresses known as "madafa" by the ISIS terrorist organization, where terrorists were sheltered.

As a result of these efforts, Masharipov was captured on January 16, 2017, in an operation conducted at a house in Esenyurt. The attacker, who was determined to have explained in a video he recorded on December 27 that he would carry out a suicide attack, was arrested on February 11, 2017.

It was understood that Masharipov, who was determined to have gone to Taksim Square to take reconnaissance footage in line with the instructions he received, was directed to Reina to carry out the act after the roads leading to the square were closed by the police on New Year's Eve.

During his interrogation, terrorist Masharipov admitted to being an ISIS member and stated that he aimed to die rather than be taken hostage, and requested that a death sentence be passed against him.

As a result of his trial, Masharipov was sentenced by the local court to 40 aggravated life sentences and 1,368 years in prison, some of the other defendants were given fixed-term prison sentences, and 11 defendants were acquitted of all charges. The rulings regarding the 11 defendants acquitted by the local court had become final in previous stages.