Çiçek Tahaoğlu
May 31, 2024 - In the retrial of public officials involved in the murder of Agos newspaper Editor-in-Chief Hrant Dink, the prosecutor has requested sentences for “violating the constitution” and “premeditated murder.”
Following the Court of Cassation’s overturning of a previous verdict, the fourth hearing of the retrial for 15 public officials, seven of whom are in custody, was held today (May 31, 2024) at the Istanbul 14th High Criminal Court.
The hearing was attended by Dink’s friends, Memory Center representatives, Committee to Protect Journalists (CPJ) observers, journalists, and the defendants’ relatives.
All defendants except fugitive Faruk Sarı attended the hearing. In custody, Trabzon Gendarmerie Intelligence officers Veysal Şahin, Gazi Günay, and Okan Şimşek were present in the courtroom, while other defendants participated via SEGBİS, a video conferencing system.
The court granted the defendants time to prepare their defense statements and scheduled the next hearing for July 16-17.
Summary of the 10-page indictment read
The prosecutor was expected to present the main indictment, having been granted two extensions. Prosecutor Süleyman Erturan read a summary of the indictment, but due to the lack of a microphone, the exact sentences requested for each defendant were not entirely clear during the session. Defendants reiterated the charges against them during their statements. Lawyers objected to the prosecutor summarizing the 10-page indictment.
In the indictment, the prosecutor recommended acquitting former Civil Inspectors Mehmet Ali Özkılınç and Şükrü Yıldız due to insufficient evidence.
The prosecution seeks to punish 12 defendants for “premeditated murder” (TCK 82/1) and 10 defendants for “attempting to overthrow the constitutional order” (TCK 309/1). Sergeant Muharrem Demirkale and Sergeant Yavuz Karakaya, who were involved in Istanbul Gendarmerie Intelligence during the murder, are already being tried under TCK 309 by Ankara 23rd High Criminal Court.
An additional half-sentence increase was requested for all defendants under Anti-Terror Law (TMK) 5/1. The indictment did not mention the sentence for fugitive Faruk Sarı.
Defendants sought for attempting to overthrow the constitutional order include Colonel Ali Öz, Deputy Head of the Intelligence Branch Osman Gülbel, Intelligence Bureau Chief Hasan Durmuşoğlu, Istanbul Gendarmerie Intelligence officer Bekir Yokuş, Trabzon Intelligence officer Mehmet Ayhan, and Trabzon Gendarmerie Intelligence officers Okan Şimşek, Gazi Günay, Veysal Şahin, and Onur Karakaya.
Requests for witness testimonies and evidence
Defendant Gazi Günay requested the testimony of a police officer from Küçükçekmece police who conducted surveillance in Istanbul. The court did not decide on this request.
Okan Şimşek, another defendant from Trabzon Gendarmerie Intelligence, pointed out that their commanding officers were acquitted, while they remained in custody. He requested the testimony of these officers and the submission of assignment documents and reports from Giresun Gendarmerie Regional Command. This request also remains undecided.
All defendants requested acquittal. The 12 defendants for whom sentences were sought requested time to prepare their defense against the indictment.
Next hearing scheduled for July 16-17
After a 20-minute recess, the court decided to continue the detention and judicial control orders for the defendants. Instructions were issued for defendants Karakaya, Gülbel, and Durmuşoğlu to attend the next hearing via SEGBİS from their current prisons, while others would be brought to the courtroom.
Background of the case
The trial of public officials responsible for Hrant Dink's murder began in April 2016. The defendants were accused of failing to take protective measures despite knowing about the planned murder and organizing no operations against the planners in Trabzon. Some were also accused of falsifying documents after the murder.
In July 2019, the case files for the instigators were separated, leading to sentences for Erhan Tuncel (99 years and 6 months), Yasin Hayal (7 years and 6 months), and Ogün Samast (2 years and 6 months). The trial of public officials continued.
In March 2021, under the chairmanship of Deputy Justice Minister Akın Gürlek, 26 out of 76 defendants received various prison sentences, including four life sentences and two aggravated life sentences, while 37 were acquitted. The files for 13 defendants were separated.
On June 21, 2023, the Court of Cassation upheld the acquittals but overturned the rulings for 15 defendants, stating that they could be charged with “attempting to overthrow the constitutional order.”
