New development in the Pınar Gültekin case: Life sentence had been overturned... Appeal filed

The Supreme Court Chief Public Prosecutor's Office has filed an appeal against the decision by the 1st Criminal Chamber of the Supreme Court to overturn the aggravated life sentence handed down to defendant Cemal Metin Avcı in the case concerning the murder of university student Pınar Gültekin in Muğla.

The 1st Criminal Chamber of the Supreme Court had completed its appellate review of the ruling made by the 4th Criminal Chamber of the İzmir Regional Court of Justice on March 10, 2023, regarding the murder of Gültekin, and had overturned the aggravated life sentence given to defendant Cemal Metin Avcı for the crime of "premeditated murder with monstrous intent or by causing torment," contrary to the opinion submitted by the Supreme Court Chief Public Prosecutor's Office.

The Chamber had upheld the 4-year prison sentence given to the other defendant, Mertcan Avcı, for the crime of "destroying, concealing, or altering evidence of a crime."

Following the Chamber's decision, the Supreme Court Chief Public Prosecutor's Office appealed the ruling to overturn the aggravated life sentence against defendant Cemal Metin Avcı, which had been issued contrary to its own submitted opinion.

In the appeal sent to the 1st Criminal Chamber of the Supreme Court, it was stated that there was an extramarital affair between the married defendant Avcı and university student Pınar Gültekin, that the defendant provided financial assistance to Gültekin from time to time, and that he was concerned about their relationship being exposed, which led him to decide to kill Gültekin.

The appeal, which stated that defendant Cemal Metin Avcı "persisted and remained determined" in his decision to kill, included the following statements: "It has been concluded that the defendant's actions were aimed at completing his act and achieving his goal as soon as possible, and in this state, the act constitutes the crime of premeditated murder with monstrous intent."

The appeal requested that the aggravated life sentence for Cemal Metin Avcı be upheld.

The appeal by the Supreme Court Chief Public Prosecutor's Office will be examined by the 1st Criminal Chamber of the Supreme Court. The Chamber may revoke its decision to overturn the ruling and uphold the aggravated life sentence against defendant Cemal Metin Avcı.

If the Chamber rejects the appeal and does not change its decision, the file will be adjudicated by the Supreme Court General Assembly of Criminal Chambers.

WHAT HAD HAPPENED?

In the trial regarding the 2020 murder of university student Pınar Gültekin in Muğla, the sentence of defendant Cemal Metin Avcı, who was initially sentenced to aggravated life imprisonment, had been reduced to 23 years due to the application of an "unjust provocation" reduction. The court had acquitted Avcı's brother, Mertcan Avcı, and other defendants in the case.

The Muğla Chief Public Prosecutor's Office had appealed the 23-year prison sentence given to Avcı and the acquittal of his brother, Mertcan Avcı.

In the hearing held at the 4th Criminal Chamber of the İzmir Regional Court of Justice, the court overturned the "unjust provocation" decision made by the local court and sentenced defendant Cemal Metin Avcı to aggravated life imprisonment for the crime of "premeditated murder with monstrous intent and by causing torment." The panel ruled that no "unjust provocation" or "good conduct" reductions should be applied to defendant Avcı.

It was also decided that Mertcan Avcı be sentenced to 4 years in prison for the crime of "destroying, concealing, and altering evidence of a crime."

Following the life sentence handed down at the hearing in the 4th Criminal Chamber of the İzmir Regional Court of Justice, the file was appealed by the defendant's lawyer.