Verdict announced in Hrant Dink murder trial

In the retrial of 15 of the 78 defendants—including FETÖ ringleader Fetullah Gülen, former prosecutor Zekeriya Öz, journalists, and former gendarmerie and police officers—involved in the murder of Agos Newspaper Editor-in-Chief Hrant Dink, for whom the Court of Cassation had issued a reversal, 8 defendants were sentenced to life imprisonment each for the crime of "attempting to abolish the constitutional order of the Republic of Turkey."

While detained defendant Muharrem Demirkale attended the hearing at the Istanbul 14th High Criminal Court, some other detained and non-detained defendants connected via the Audio and Video Information System (SEGBİS).

Havva Hülya Deveci, the lawyer for the Dink family, was also present at the hearing. In his defense, detained defendant Demirkale claimed he had no connection to any organization and that the case in question was a setup. When asked for their final statements, the defendants requested their acquittal and release.

Announcing its verdict on the case, the court panel sentenced defendants Bekir Yokuş, Gazi Günay, Okan Şimşek, Ali Öz, Mehmet Ayhan, Onur Karakaya, Osman Gülbel, and Hasan Durmuşoğlu to life imprisonment each for the crime of "attempting to abolish the constitutional order of the Republic of Turkey."

The panel ruled to dismiss the case filed against defendants Muharrem Demirkale and Yavuz Karakaya for the same crime, while sentencing defendant Demirkale to life imprisonment for the crime of "premeditated murder" with which he was charged. The panel sentenced defendant Yavuz Karakaya to 12 years and 6 months for "aiding in premeditated murder," and defendant Bekir Yokuş to 10 years in prison for the same crime.

Sentencing defendant Veysal Şahin to 15 years in prison for "homicide by negligence," the panel acquitted him of the charges of "attempting to abolish the constitutional order of the Republic of Turkey" and "membership in an armed terrorist organization."

3 DEFENDANTS ORDERED TO BE ARRESTED

While the court panel decided that there was no need to issue a verdict for the charge of "membership in an armed terrorist organization" against defendants Okan Şimşek, Gazi Günay, and Onur Karakaya, it sentenced Gazi Günay to an additional 25 years in prison for "premeditated murder," and defendants Ali Öz and Okan Şimşek to 25 years each for "murder."

Sentencing defendants Mehmet Ayhan, Onur Karakaya, and Hasan Durmuşoğlu to 12 years and 6 months each for "murder," the court panel also ruled that defendant Osman Gülbel be sentenced to 16 years and 8 months in prison for the same crime.

The panel acquitted defendants Volkan Şahin, Şükrü Yıldız, and Mehmet Ali Özkılınç of all charges, while ruling to separate the file of fugitive defendant Faruk Sarı. Deciding that the 5 detained defendants should remain in custody, the panel also ordered the arrest of defendants Onur Karakaya, Bekir Yokuş, and Mehmet Ayhan upon the verdict.

WHAT HAD HAPPENED?

On March 26, 2021, the Istanbul 14th High Criminal Court had reached a verdict in the trial of 78 defendants—including FETÖ ringleader Fetullah Gülen, former prosecutor Zekeriya Öz, journalists, and former gendarmerie and police officers—6 of whom were detained and 13 of whom were fugitives, regarding the murder of Agos Newspaper Editor-in-Chief Hrant Dink.

The court sentenced 26 defendants, including detained public officials of the time Ramazan Akyürek and Ali Fuat Yılmazer, to prison terms ranging from 3 years and 4 months to aggravated life imprisonment, while issuing dismissal, acquittal, and rejection decisions for 39 defendants, including former Intelligence Department Head Sabri Uzun and the then-Istanbul Police Chief Celalettin Cerrah.

The court panel also separated the files of 13 fugitive defendants, including FETÖ ringleader Fetullah Gülen, Ekrem Dumanlı, and Zekeriya Öz, for whom arrest warrants were outstanding.

Lawyers for the convicted defendants and lawyers for the Dink family, who argued that the sentences were insufficient, appealed the decision, and the file was handled by the 2nd Criminal Chamber of the Istanbul Regional Court of Justice.

On May 5, 2022, the Chamber reviewed the appeals filed by the defendants, their lawyers, and the interveners, and found the local court's decision to be in accordance with procedure and law. The 3rd Criminal Chamber of the Court of Cassation announced its decision on June 21, 2023, regarding the file for which it had conducted an appellate review for 62 defendants.

The Chamber upheld the aggravated life sentences given to former police chiefs Ali Fuat Yılmazer and Ramazan Akyürek for "premeditated murder," while upholding some of the convictions for "premeditated murder," "aiding in premeditated murder," "membership in an armed terrorist organization," and "aiding an armed terrorist organization" for other defendants, but reversed the sentences of some defendants, finding them insufficient.

In this context, the Chamber sent the file back to the local court regarding the defendants for whom it had issued a reversal: former officer Muharrem Demirkale, former Trabzon Provincial Gendarmerie Commander Ali Öz, Osman Gülbel, Yavuz Karakaya, Bekir Yokuş, Hasan Durmuşoğlu, Faruk Sarı, Mehmet Ayhan, Onur Karakaya, Okan Şimşek, Gazi Günay, Veysal Şahin, Volkan Şahin, Şükrü Yıldız, and Mehmet Ali Özkılınç.

On the other hand, a new case filed regarding the trial of defendants Hasan Durmuşoğlu, Mehmet Ayhan, Onur Karakaya, and Osman Gülbel, who were among the former police officers serving in the Trabzon Provincial Police Intelligence Branch at the time of Dink's murder, was merged with this file.

In this indictment, it was stated that the defendants caused Dink's death due to their negligent actions, that they were being tried at the Istanbul 14th High Criminal Court for "murder," and that the sentence they received had been finalized by the Court of Cassation's decision, and it was requested that they be sentenced to aggravated life imprisonment for the crime of "attempting to abolish the constitutional order of the Republic of Turkey."

News Source: 12punto