Verdict reached in the Palu family case

In the hearing held at the 7th High Criminal Court, the detained defendant Tuncer Ustael, the non-detained defendants Emine Ustael, Hava, İsa, and Ayşe Palu, and the lawyers for the parties were present; Fatih Palu did not attend the hearing.

İsa and Ayşe Palu, whose opinions regarding the reversal decision could not be taken in the previous session because they lacked defense counsel, requested that they be acquitted.

Presenting his opinion on the merits, the public prosecutor requested that defendant Tuncer Ustael be sentenced to aggravated life imprisonment for the crime of "intentional killing with monstrous feeling or by causing torment," and that the other defendants be sentenced to 10 to 15 years in prison for "aiding and abetting intentional killing."

When given the floor, defendant Tuncer Ustael said, "If it's execution, then execution; if it's death, then death. There is no account I cannot give."

Emine Ustael also claimed that the real criminals were free, stating, "We are being punished for crimes we did not commit. I do not forgive anyone for this."

The other defendants also requested acquittal.

Announcing its verdict, the court panel sentenced Tuncer Ustael to aggravated life imprisonment for the crime of "intentional killing with monstrous feeling or by causing torment," and sentenced Emine Ustael, Hava, İsa, and Ayşe Palu to 12 years and six months in prison each for "aiding and abetting intentional killing."

The court, which sentenced Fatih Palu to 8 years and 4 months in prison because he was under 18 at the time the crime was committed, ruled that the detention of defendant Tuncer Ustael should continue, and that for the non-detained defendants, considering the time they had already spent in custody, only a travel ban would be imposed.

WHAT HAPPENED?

Meryem Tahnal, who lived in the Körfez district, disappeared in 2008, and her daughter Melike Tahnal disappeared in 2009. Police teams launched an investigation to find the missing persons but could not reach any findings. Excavation work carried out in Kocaeli and Sakarya was also halted after no evidence was found.

At the end of the trial at the 7th High Criminal Court, defendant Tuncer Ustael was sentenced to aggravated life imprisonment for the crime of "intentional killing of a lineal relative, descendant, spouse, or sibling with monstrous feeling or by causing torment" against Meryem Tahnal, 4 years for "deprivation of liberty," and 3 years for "misuse of a credit card," totaling 7 years in prison.

Emine Ustael, Hava, İsa, and Ayşe Palu were sentenced to 12 years and six months in prison each for "aiding and abetting intentional killing." Fatih Palu was released with a sentence of 8 years and 4 months because he was a minor at the time the crime was committed.

The 1st Criminal Chamber of the Sakarya Regional Court of Justice overturned the local court's decision on the grounds that a procedural error was made during the trial because the defendants were defended by the same lawyer, and the defendants appeared before the Kocaeli 7th High Criminal Court again.

In the second trial, which concluded in 2021, murder defendant Ustael was sentenced to aggravated life imprisonment for "intentional killing" and 7 years for other crimes, defendant Emine Ustael was sentenced to 12 years and 6 months for "aiding and abetting intentional killing," and Hava, İsa, and Ayşe Palu were sentenced to 14 years and two months each for "aiding and abetting intentional killing" and "deprivation of liberty."

On March 30, the 1st Criminal Chamber of the Court of Cassation overturned this decision of the local court as well, on the grounds that the elements of the crime of complicity in intentional killing attributed to defendants Emine Ustael, İsa, Fatih, Hava, and Ayşe Palu were not formed, and that defendant Ustael's actions did not constitute the crime under Article 82/1-b of the Turkish Penal Code, and sent the file back to the Kocaeli 7th High Criminal Court.