The image etched into Turkey's memory: Intent to kill could not be determined

According to the verdict, it was determined that she 'caused him to live in a manner incompatible with human dignity,' but it could not be determined whether there was an 'intent to kill.'

In the 77-page reasoned decision, attention was drawn to the consistency of Cem Muhammet's statements, and it was stated that the defendant Kamuran Pınar A. treated her nephew poorly. The decision included the finding that Kamuran Pınar A. did not fulfill her nephew's self-care needs such as washing, nail trimming, and hair cutting, did not feed him regularly, did not let him out by locking his room door, and caused him to live in a manner incompatible with human dignity by forcing him to relieve himself in the room where he was imprisoned. It was stated that because it could not be determined whether the defendant had an 'intent to kill' and there was no definitive and concrete evidence, she was acquitted of 'attempted murder by omission.'

In the reasoned decision, it was also stated that a child in need of maternal love and care was left by his mother, Yasemin A., to his grandmother, Asuman A., that he was well cared for until the grandmother's death, but after her death, Cem Muhammet A., who was cared for by his aunt, was kept under lock and key for a long time and left hungry.

'NO REMORSE REDUCTION APPLIED'

The reasoned decision, which stated that the court accepted that the victim's experiences fit the legal definition of the crime of 'torture' when considering Supreme Court precedents, and therefore no reduction was made in the sentence, also included the finding that the defendant Kamuran Pınar A. hid the child from his own mother by using force. Emphasizing that no reduction was made in the sentence for the crime of 'deprivation of liberty against a child by using force, threat, or deception,' the following statements were included:

"It was decided to punish the defendant with an increased sentence for the crime of torture, taking into account the weakness that occurred in the victim's body as a result of starvation, the duration the victim remained locked up in a manner incompatible with human dignity, his school age, the importance of the victim child's violated rights, and the defendant's motive and the intensity of her intent. It was decided that there was no room for the application of reduction articles as it was seen that no circumstances requiring discretionary reduction for the defendant were reflected and she felt no remorse for the crime she committed."

It was stated that the defendant's daughter, Esra Zeynep A., who was tried in the file as a child driven to crime, was sentenced to 2 years, 2 months, and 20 days in prison for the crime of 'deprivation of liberty,' based on the statements of Cem Muhammet A.

WHAT HAD HAPPENED?

Aydın S., who owned an apartment in the Görükle Sakarya neighborhood of Bursa's Nilüfer district, rented his house to Kamuran Pınar A. on July 1, 2020. The tenant did not pay rent to the landlord. Aydın S. applied to the court through his lawyer, Batuhan Arısoy. The court judge had sent a notification to Kamuran Pınar A., who did not attend the hearings held at the Bursa 4th Enforcement Court, for her to pay her debt. When Kamuran Pınar A. did not pay her debts despite the notification, the court decided to evict the house. In July 2022, the enforcement team that went to the house with a court order had the door of the apartment opened by a locksmith. The teams encountered a 'trash house.' Upon this, the door lock of the apartment was changed. The police detained Kamuran Pınar A., who did not comply with the court order and came and went to the house with a locksmith. Kamuran Pınar A. was released upon the instruction of the prosecutor's office after her statement at the police station.

CHILD FOUND UNCONSCIOUS

The Nilüfer Municipality teams were notified to clean the trash house. The teams that came to the house determined that the door of a room was locked while they were starting the cleaning work. The officials who broke down the door and entered encountered the child lying unconscious in the room full of trash. Upon seeing that the child was locked up and even relieved himself in the room, the police and medical teams were notified. The child, who was kept in the trash house, was taken to Bursa Uludağ University Hospital after the first intervention by health personnel. It was observed that the child, who was evaluated to have been kept in the room for about 1 year, had long hair and nails, was very thin, and had wounds on his body.

AUNT ARRESTED, NEPHEW TAKEN UNDER PROTECTION

The police, who launched an investigation into the incident, could not reach Kamuran Pınar A. It was determined that the child named Cem Muhammet A. was the son of Kamuran Pınar A.'s sister, Yasemin A. It was determined that Kamuran Pınar A. had not met with her sister for a long time and kept her nephew, whom she was looking after, in a locked room. Kamuran Pınar A., who was detained again, was arrested by the on-duty judgeship at the courthouse where she was referred on charges of 'kidnapping and detaining a child' after her procedures at the police station. Cem Muhammet A., on the other hand, was sent to Antalya with his mother, to whom he was handed over after his treatment. Here, Cem Muhammet A., who was taken under protection by the teams of the Provincial Directorate of Family and Social Services and taken to Akdeniz University, was placed in the Antalya Children's Homes Site after his treatment. After his physical and psychological treatment, the child was handed over to his mother, Yasemin A.

'IF HE HAD NOT BEEN FOUND, HE COULD HAVE LOST HIS LIFE'

The investigation of the Bursa Chief Public Prosecutor's Office was completed in 5 months. In the 7-page indictment prepared by the 2 assigned prosecutors, a lawsuit was filed against Kamuran Pınar A., who denied the accusations, with a request for a total of up to 27 years in prison for the crimes of 'attempted murder by omission,' 'torture of a child,' 'kidnapping a child,' and 'deprivation of liberty.' In the indictment, the report prepared by the Department of Forensic Medicine of Antalya Akdeniz University Faculty of Medicine at the request of the prosecutor's office was also included. In the report, it was stated that the child could have permanent damage to his organs and body due to nutritional neglect, and 'if he had not been found, he could have lost his life.' According to the photos of Cem Muhammet that entered the file, it was stated that he was kept under lock and key for 1 year. In the indictment, it was also noted that the investigation regarding the defendant's daughter, Esra Zeynep A., who was taken under state protection, would be conducted separately due to her being under the age of 18.

RELEASED WITH JUDICIAL CONTROL

Kamuran Pınar A. was released at the 6th hearing of her trial, which had a 'confidentiality order,' held on February 2 at the Bursa 10th High Criminal Court. The court board ruled for the release of Kamuran Pınar A., who was tried for the crime of 'attempted murder by omission,' with judicial control conditions, considering the possibility of a change in the nature of the crime charged against her.

OBJECTION BY MINISTRY LAWYERS REJECTED

After the release decision, Cem Muhammet, who lived with his mother Yasemin A. in Antalya, was taken under state protection again as a precaution. In the case where the Ministry of Family and Social Services was also a party, the release decision was appealed. The objection of the lawyers affiliated with the Ministry of Family and Social Services and the lawyers undertaking the defense of the mother, Yasemin A., was evaluated by the 11th High Criminal Court, which is a higher court. While the court ruled that the release decision was appropriate and rejected the objection, it ruled that Kamuran Pınar A. should be tried without arrest with judicial control conditions.

PROSECUTOR ALSO REQUESTED PUNISHMENT FOR HER DAUGHTER

In the opinion he gave at the first hearing held after the release decision, the prosecutor requested that the defendant aunt be punished for the crimes of 'attempted murder by omission' and 'deprivation of liberty,' and that the defendant's daughter, Esra Zeynep A. (18), who was also tried in the file as a child driven to crime, be punished for the crime of 'deprivation of liberty.'

ATTENDED THE HEARING WITH A HEADSCARF, GLASSES, AND MASK

The mother, Yasemin A., who lives in Antalya with her son Cem Muhammet, and the defendant without arrest, Kamuran Pınar A., who came to the courthouse wearing a headscarf, glasses, and a mask to avoid being recognized, also attended the final hearing of the case held on June 3. The court board, which announced its decision after the one-hour hearing, decided to acquit Kamuran Pınar A. of the crime of 'attempted murder by omission,' and sentenced her to 7 years in prison for 'torture' and 8 years for 'deprivation of liberty by use of force, threat, and deception.' Kamuran Pınar A.'s daughter, Esra Zeynep A., was sentenced to 2 years, 2 months, and 20 days in prison for the crime of 'deprivation of liberty.'

News Source: 12punto