Grieving mother devastated once again after 20 years: Father sentenced to life imprisonment not arrested

On January 4, 2001, in Kadıköy, 12-year-old Hande Çinkitaş was found dead in her home, having been struck in the head with a hammer and her throat slit. Mother Handan Yılmazer launched a legal battle after her daughter was found dead in her ex-husband's home. During the long-running trial, the father Nezih Çinkitaş and stepmother Şehnaz Çinkitaş were not convicted.

NEW DETAILS EMERGE REGARDING THE MURDER

Exactly 19 years after the incident, in 2020, the Council of Forensic Medicine (ATK) sent a report to the court. The report stated that DNA analysis conducted on a knife 19 years later revealed a high-density DNA profile of Nezih Çinkitaş on the sharp edge of the blade. Following this, an indictment was prepared 19 years later against Hande Çinkitaş's biological father, Nezih Çinkitaş, and stepmother, Şehnaz Çinkitaş, for the crime of 'intentional murder of a descendant with monstrous feeling and torture.' The Anatolian 2nd High Criminal Court acquitted the defendants Şehnaz and Nezih Çinkitaş at the end of the trial.

MOTHER TAKES THE LOCAL COURT'S ACQUITTAL TO THE HIGHER COURT

Mother Handan Yılmazer appealed the acquittal through her lawyer, Hasan Kocabey, and applied to the appellate court. The appellate court re-examined the file with a hearing. Recently, the Istanbul Regional Court of Justice 1st Criminal Chamber announced its decision.

AGGRAVATED LIFE SENTENCE COMMUTED TO LIFE IMPRISONMENT

The court overturned the acquittal of Nezih Çinkitaş and sentenced him to aggravated life imprisonment for the crime of 'intentional murder of a descendant with monstrous feeling or by torture.' The court applied a reduction to the sentence, commuting it to life imprisonment, taking into account the defendant's good conduct during the trial and the effect of the sentence on his life.

COURT SENTENCES FATHER WHO KILLED HIS DAUGHTER TO LIFE IMPRISONMENT BUT DOES NOT ARREST HIM

The regional court, evaluating that the evidence had been collected, the duration of the sentence, and the content of the conviction, issued a judicial control decision in the form of a travel ban and a prohibition on leaving the provincial borders of Istanbul instead of an arrest warrant for the defendant Nezih Çinkitaş. The appellate court rejected the appeal against the acquittal of defendant Şehnaz Çinkitaş and upheld the acquittal.

"HE IS GIVEN A LIFE SENTENCE BUT NOT ARRESTED, IS THIS JUSTICE? THE KILLERS ARE WALKING FREE"

Explaining that she received the news of her daughter's death from police teams, Handan Yılmazer said, "When the police said 'you lost your daughter,' I lost myself. When I opened my eyes, I found myself at my brother's house. Afterwards, I filed a lawsuit. The trials were held. An arrest warrant was issued for them 19-20 years later based on DNA results. They stayed inside for three months. They spent a total of 6 months in prison, including three months of house arrest. Later, when the judge gave an acquittal, my lawyer and I applied to the appellate court. When I learned that my daughter was murdered, the police would ask. Did her father kill her? I could never imagine it because my daughter loved her father very much. Later, when I started to recover and returned to normal psychologically, I said why not? I said everything is possible. Because after hearing his inappropriate, strange things in court, I felt sick. I didn't know what to decide. My suspicion grew more and more. I don't even know in what state of mind he did it. There is no soul anyway. Those who have a soul wouldn't do this. When he was arrested, I felt a little happy. I thought justice was being served. Later, when he was acquitted, I was stunned. I didn't know who to trust. I have never seen such justice. They were released. I want justice. As a mother whose heart is burning, I want justice. Believe me, after yesterday's hearing, I felt like a truck ran over me, I was stunned. He is given a life sentence but not arrested. Let someone come and explain this to me. Is this justice? The killers are walking free. Of course, I was a little happy when he was sentenced. I was sad when I heard he was not arrested. I want justice. May my daughter's blood not remain on the ground. As long as I live and have breath, I will seek my rights to the end," she said.

"SHE WAS BRUTALLY MURDERED WHILE LIVING IN THE SAME HOUSE"

Stating that the decision disturbed the public conscience, Yılmazer's lawyer Hasan Kocabey said, "On January 4, 2001, she was brutally murdered while living in the same house with her biological father Nezih Çinkitaş and stepmother Şehnaz Çinkitaş. In our opinion, the investigation continued for 19 years because the crime scene was staged, shaped, and rearranged by these defendants from the date of the incident. Until 2020, when a DNA sample of the father, Nezih Çinkitaş, was found in major density on the sharp edge of a knife found at the scene by the Council of Forensic Medicine. 19 years later, father Nezih Çinkitaş and stepmother Şehnaz Çinkitaş were arrested. They spent about three months in detention. This measure continued with 3 months of house arrest. The Anatolian 2nd High Criminal Court gave an acquittal based on the principle that the defendant benefits from doubt. Our file went to the Istanbul Regional Court of Justice 1st Criminal Chamber. We had requested that the file be processed with a hearing. And the file proceeded with a hearing. Taking into account the final appeal petitions, it made a decision yesterday," he said.

"THE COURT SHOULD NOT GRANT GOOD CONDUCT REDUCTION TO A FATHER WHO KILLED HIS DAUGHTER WITH MONSTROUS FEELING"

Lawyer Kocabey said, "Although Şehnaz Çinkitaş was also tried with an aggravated life sentence in the file, an acquittal was given. The court sentenced father Nezih Çinkitaş to aggravated life imprisonment for the crime of 'intentional murder against a descendant.' We believe that this decision, that is, the decision regarding the aggravated life sentence and the precautionary measure, do not coincide with each other; if you give a person a life sentence, we are of the opinion that in return, this man should leave the court and go directly to prison. The father was given an aggravated life sentence. This decision was commuted to life imprisonment by evaluating his good conduct, attitude, and behavior during the trial in his favor. I think that in a file where a 12-year-old girl was killed by her father with monstrous feeling, the court should not grant a discretionary good conduct reduction to the father. At this point, I think the court's decision is wrong," he said.