Second verdict in the case of Pınar Kaynak, who was stabbed in the chest and had her head crushed with a stone

The incident occurred on August 15, 2017, in the Çukurçayır neighborhood of Trabzon's Ortahisar district. 24-year-old Pınar Kaynak, a mother of one, was found dead in a wooded area with a knife in her chest and her head crushed with a stone. A special team was established by the Trabzon Provincial Gendarmerie Command and the Ortahisar District Gendarmerie Command to solve the murder. While all evidence at the scene was meticulously examined, it was determined that Kaynak's mobile phone was missing. Gendarmerie teams analyzed the signals of the missing mobile phone and determined that the phone was signaling through a line belonging to Mustafa Gülyüz. Taking action, the teams detained Mustafa Gülyüz in Kocaeli and brought him to Trabzon. In his statement, Gülyüz claimed that he bought the mobile phone from a place in Pazarkapı and sold it in Istanbul. However, the DNA samples taken by the gendarmerie were sent to the Ankara Gendarmerie Criminal Command. The examination determined that the sperm sample taken from Pınar Kaynak matched Mustafa Gülyüz's DNA exactly.

Bloodstains found on a screwdriver

Re-interrogated, Mustafa Gülyüz argued that he had consensual intercourse with Pınar Kaynak but did not kill her. In his statement, Gülyüz claimed that they were sitting at Necati Parmak's house on the day of the incident, that they went to the market in the evening with a minibus belonging to Parmak, and that they picked up Pınar Kaynak on the way back. Following this statement, a search was conducted at Necati Parmak's house and in his vehicle. It was revealed in the previous autopsy that signs of struggle with a screwdriver were detected in Pınar Kaynak's chest area. An examination of a screwdriver found in Parmak's house revealed bloodstains. Following the evidence obtained, Mustafa Gülyüz and Necati Parmak were referred to the courthouse on charges of "intentional killing with monstrous feeling or by causing torment" and "sexual assault." Both individuals were arrested and sent to the Trabzon E-Type Closed Penal Execution Institution. For security reasons, the defendants were later transferred to prisons in different provinces.

First verdict: life imprisonment

In the verdict hearing of the case held on March 8, 2022, the public prosecutor requested the acquittal of the non-detained defendants N.B. and A.K., and the punishment of the detained defendants Mustafa Gülyüz and Necati Parmak for the crimes of "killing with monstrous feeling by causing torment," "deprivation of liberty," and "theft." The court panel sentenced the two defendants to aggravated life imprisonment based on the defendants' contradictory statements, the presence of sperm samples belonging to Mustafa Gülyüz on the victim, DNA traces belonging to the defendant on the victim's fingernails and neck, the determination that Necati Parmak met with Mustafa Gülyüz again after the incident, and the fact that the victim was forced into the vehicle and taken to the scene. An acquittal decision was issued for the non-detained defendants N.B. and A.K.

Court of Cassation overturned, case retried

Approximately 4 years after the verdict hearing, the Court of Cassation overturned the decision of the Trabzon 1st High Criminal Court. The case began to be heard again at the Trabzon 1st High Criminal Court. At the end of the retrial, the court decided to acquit Necati Parmak of the charges of qualified intentional killing, qualified sexual assault, and deprivation of liberty with more than one person, while Mustafa Gülyüz was sentenced to a total of 25 years and 6 months in prison, consisting of 18 years for the qualified sexual assault committed against Pınar Kaynak and 7 years and 6 months for the crime of deprivation of liberty by force, threat, and deception for sexual purposes.

"It is as if our wound has been reopened"

Father Mehmet Kaynak, who attended the verdict hearing at the Trabzon 1st High Criminal Court, stated that his wound had been reopened, saying, "The Court of Cassation overturned the decision. We will submit our petition again through our lawyer. Necati Parmak was decided to be released. From this hour on, we will wait for the judicial process. It has been going on for years. We want it to be concluded as soon as possible. It is as if our wound has been reopened. I am sad."

"Enough is enough, we are tired. We want this murder to be solved as soon as possible"

Pınar Kaynak's brother, İsmail Kaynak, noted that they want justice, saying, "Necati Parmak was released with the decision that the DNA did not match. How many years has it been, it is still continuing. A murder could not be solved. We no longer believe in justice. We are bleeding. There is no peace in our home. Our psychology has deteriorated. Our family ties have broken. Enough is enough, we are tired. We want this murder to be solved as soon as possible. The one who died is my sister. I do not believe that one person could have committed the murder. There are others behind this. Whoever heard what, whoever knows what, should apply to the police. We are tired now. We are spending our lives here. Let no one be silent anymore. Let women and children not die. We want justice now."

Lawyer Onay: "We are of the opinion that the verdict given is not appropriate"

Lawyer Selahattin Onay also emphasized that the legal struggle has not ended, stating, "In the decision given by the Trabzon 1st High Criminal Court, an aggravated life sentence had previously been imposed on M.G., one of the defendants within the scope of the file, for the crime of intentional killing, and the decision had become final. As a result of the retrial regarding the defendant, M.G. was sentenced to 18 years in prison for the crime of qualified sexual assault, and also to 7 years and 6 months in prison for the crime of deprivation of liberty. As for the other defendant N.P., an acquittal decision was given regarding the crimes of qualified intentional killing, qualified sexual assault, and deprivation of liberty. However, when the evidence within the scope of the file, witness accounts, and the clear contradictions between the defendants' statements are evaluated together, we are of the opinion that an incomplete and insufficient examination was conducted, especially regarding the acquittal decisions. It is clear that some critical evidence was not sufficiently discussed and the material truth could not be fully revealed. For this reason, we are of the opinion that the verdict given is not appropriate. Our legal struggle has not ended here. I respectfully inform the public that we will use the objection and application channels to the fullest extent against the unlawful and incomplete aspects of the decision on behalf of our clients."