Rabia Çetin
The Istanbul 14th High Criminal Court issued its ruling in the case involving the murder of Hrant Dink, the editor of Agos newspaper, with five police officers and 12 defendants on trial. The court decided to dismiss the case for seven individuals, including Hrant Dink’s assassin, Ogün Samast, due to the statute of limitations.
The 11th hearing of the trial, where 12 defendants faced charges of "attempting to overthrow the constitutional order" (Article 309 of the Turkish Penal Code), "membership in a terrorist organization" (Article 314), and "committing crimes on behalf of an organization" (Article 220/6), took place at the Istanbul 14th High Criminal Court.
The hearing was attended via SEGBİS (audio-visual system) by defendants Ali Fuat Yılmazer, Ramazan Akyürek, Yasin Hayal, Erhan Tuncel, Zeynel Abidin Yavuz, and Tuncay Uzundal, who are in custody, as well as by other defendants, including Ersin Yolçu, Ogün Samast, Ahmet İskender, and Adem Sağlam, who appeared from their cities of residence. Two defendants, Faruk Sarı and Yahya Öztürk, remain fugitives.
Prosecution requests statute of limitations for key suspects
In earlier hearings, the prosecutor had asked for the statute of limitations to apply for charges of "committing crimes on behalf of an organization" for the alleged instigators—Ahmet İskender, Erhan Tuncel, Yasin Hayal, Tuncay Uzundal, Zeynel Abidin Yavuz, and Ersin Yolçu—and for Ogün Samast, the hitman. The prosecutor also sought the acquittal of Adem Sağlam, who was accused of "attempting to overthrow the constitutional order," "intentional murder with negligent behavior," and "intentional murder," while requesting a sentence for him for "membership in a terrorist organization." Additionally, the prosecutor called for sentences for former police chiefs Ali Fuat Yılmazer and Ramazan Akyürek on charges of "attempting to overthrow the constitutional order."
Yılmazer’s defense: "The trial is unlawful"
The hearing began with Ali Fuat Yılmazer, who appeared via SEGBİS from prison, presenting his defense. Yılmazer argued, “My trial in this case is unlawful. Yasin Hayal, who previously denied his involvement, now admits to it. Why are these statements changing? Who is influencing these people? Ogün Samast’s distorted testimony falsely incriminated us. Prosecutor Gökalp Kökçü deliberately fabricated evidence against me.”
He continued, claiming that an intelligence report from Trabzon in February 2006, which warned of a possible attack on Dink, had been concealed from him. “If I had seen the report, I would have ensured Dink received protection. But I was abroad at the time. These accusations have led to life sentences for us. When Ogün Samast was captured, he was handed a flag and made a hero. It’s clear who turned him into a hero, but they are nowhere to be found. We were the ones who uncovered the murderers of Hrant Dink. We are being tried because we exposed the truth.”
Final statements from the defendants
After the lawyers’ defense, the defendants were given the chance to make their final statements. Yılmazer concluded, “I have no expectations from Turkey. I believe the judgment on my case will come from God when the time comes. That is my final word.”
Ramazan Akyürek, another defendant, said, “If you fear God, I ask you to make your decision accordingly.”
Erhan Tuncel stated, “I do not say ‘long live the country’ because gangs keep us in prison to preserve their own existence. I have been in prison unjustly for 11 years, and I request my acquittal.”
Other defendants, including Ahmet İskender, Zeynel Abidin Yavuz, Tuncay Uzundal, Yasin Hayal, Adem Sağlam, Ersin Yolçu, and Ogün Samast, also requested acquittal in their final statements.
Court decision
After deliberation, the court ruled to dismiss charges against seven individuals, including Ogün Samast, Yasin Hayal, Erhan Tuncel, Ersin Yolçu, Zeynel Abidin Yavuz, Tuncay Uzundal, and Ahmet İskender, due to the statute of limitations. Ali Fuat Yılmazer and Ramazan Akyürek were sentenced to life imprisonment for "violating the Constitution." Adem Sağlam was acquitted of charges related to constitutional violations and intentional murder but received a sentence of 6 years and 10 months for "membership in a terrorist organization."
The court also decided to separate the cases of fugitives Faruk Sarı and Yahya Öztürk.
