Appellate court ruling on Mahmutyazıcıoğlu case

The 1st Criminal Chamber of the Istanbul Regional Court of Justice (appellate court) has completed its review of the verdict issued by the Bakırköy 12th High Criminal Court regarding the murder of lawyer Şafak Mahmutyazıcıoğlu. The local court had sentenced defendants Kadir Yasak, Ali Yasak, Seccad Yeşil, and Serkan Dakman to life imprisonment and various other prison terms for the crime of "intentional killing," convicted 13 other defendants of various crimes, and acquitted 3 defendants.

The chamber ruled that there were no procedural or substantive irregularities in the local court's decision, nor any deficiencies in the evidence or proceedings, and concluded that the assessment regarding the proof was appropriate.

In its ruling, the chamber stated that the act was correctly classified and that there was no error in the sentences given to the defendants, finding the arguments put forward by the defense attorneys and the public prosecutor to be unfounded. The chamber rejected the appeal on its merits, with the right to appeal to the Court of Cassation remaining open.

WHAT HAPPENED?

An investigation was launched following the fatal shooting of Şafak Mahmutyazıcıoğlu and the wounding of Murat Bilmez in an armed attack at a restaurant in Yeşilköy on January 27, 2022, by the Bakırköy Chief Public Prosecutor's Office.

In the indictment prepared as a result of the investigation, aggravated life imprisonment was requested for defendants Abdülkadir Kara and Ali Yasak for the crime of "complicity in intentional killing with premeditation," as well as prison sentences ranging from three years and nine months to 12 years and six months for the crimes of "complicity in intentional injury with a weapon," "attempted robbery at a workplace at night with more than one person with a weapon," and "purchasing or possessing unlicensed firearms and ammunition."

The indictment, which sought aggravated life imprisonment and prison sentences ranging from three years and nine months to 10 years and six months for similar crimes for 8 defendants, including Kadir Yasak, also requested that 10 individuals be sentenced to prison terms ranging from 6 months to 10 years for the crimes of "aiding and abetting a criminal" and "destroying, concealing, or altering criminal evidence."

LIFE IMPRISONMENT VERDICT

In the hearing on January 22, the Bakırköy 12th High Criminal Court, which heard the case, sentenced defendants Kadir Yasak, Ali Yasak, Seccad Yeşil, and Serkan Dakman to life imprisonment for the "intentional killing" of Şafak Mahmutyazıcıoğlu and did not apply any sentence reductions.

Defendant Kadir Yasak was also sentenced to a total of 15 years and 6 months in prison for "intentional injury" against the complainant Murat Bilmez, as well as "attempted robbery" and "carrying an unlicensed weapon."

The court also sentenced Ali Yasak to 6 years and 6 months in prison for "intentional injury" against the complainant Murat Bilmez and "possession of an unlicensed weapon."

The court sentenced defendant Seccad Yeşil to a total of 13 years for "intentional injury" and "attempted robbery," and Serkan Dakman to 4 years and 6 months for "intentional injury." Defendant Abdülkadir Kara was sentenced to 10 years for "aiding in intentional killing," 1 year, 10 months, and 15 days for "aiding in intentional injury," and 1 year and 8 months for "possession of an unlicensed weapon," and the court ordered his release.

The court sentenced defendant Kerem Öztürk to 7 years and 6 months for "inciting attempted robbery" and defendant Gökhan Karakan to 7 years and 6 months for "attempted robbery," and also ordered the release of these defendants.

The panel sentenced 10 defendants to a judicial fine of 5 thousand liras and 5 months in prison for the crimes of "aiding and abetting a criminal" and "destroying, concealing, or altering criminal evidence," while acquitting 3 defendants of all charges.

Following the verdict, the public prosecutor and the lawyers for 11 defendants objected to the local court's ruling and took the file to the appellate court.

News Source: AA