Trial Monitoring

Prosecutor seeks statute of limitations dismissal in Dink assassination case

ÇİÇEK TAHAOĞLU

In the ongoing trial concerning the assassination of journalist Hrant Dink, the prosecutor has requested the dismissal of charges against triggerman Ogün Samast and instigators Yasin Hayal and Erhan Tuncel due to the statute of limitations. The prosecutor presented his final opinion at the ninth hearing of the retrial involving 11 public officials and the assassin Samast, charged with “violating the constitution,” at the Istanbul 14th High Criminal Court.

Dink, the editor-in-chief of Agos newspaper, was assassinated in 2007 after being targeted for his Armenian identity. Samast is also accused of “committing a crime on behalf of an armed terrorist organization without being a member,” while 11 others, including five police officers, face charges of “violating the constitution” and “membership in the Gülen community.”
Testimonies and defense statements

At the hearing, a witness testified regarding Trabzon Counterterrorism Branch officer Adem Sağlam’s alleged affiliation with the Gülen movement. Witness Ali Fuat Akdağ, who had previously testified about Sağlam attending “service talks,” could not recall details. Akdağ mentioned that he himself was charged with membership in the Gülen community, received a two-year sentence under an active repentance provision, and his case is under appeal.

The presiding judge asked the defendants about a data review report submitted to the case file. Inmates Ramazan Akyürek, Ali Fuat Yılmazer, and Adem Sağlam rejected the report, stating that the information was unrelated to the current trial.
Prosecutor's opinion on charges

In his final opinion, the prosecutor called for the dismissal of the charge of “committing a crime on behalf of an organization” against Samast and instigators Ahmet İskender, Erhan Tuncel, Ersin Yolcu, Tuncay Uzundal, Yasin Hayal, and Zeynel Abidin Yavuz due to the statute of limitations.

For Adem Sağlam, the prosecutor recommended conviction for “membership in an organization” but acquittal on other charges. The prosecutor also sought the conviction of Istanbul Intelligence Branch Manager Ali Fuat Yılmazer and former General Directorate of Security Intelligence Department Head Ramazan Akyürek for “attempting to overthrow the constitutional order.”
Defense requests and next steps

The defendants, including Erhan Tuncel, Ali Fuat Yılmazer, Ramazan Akyürek, Tuncay Uzundal, Yasin Hayal, Zeynel Abidin Yavuz, Adem Sağlam, Ersin Yolcu, and Ogün Samast, requested time to prepare their defense against the prosecutor's final opinion. The court granted this request, postponing the trial until October 16 at 10:00 a.m.
Background on the case

Key figures in the trial include former General Directorate of Security Intelligence Department Head Ramazan Akyürek, retired Istanbul Intelligence Branch Manager Ali Fuat Yılmazer, former Trabzon Intelligence Branch Manager Faruk Sarı, and Trabzon Counterterrorism Branch officers Adem Sağlam and Yahya Öztürk. Instigators Erhan Tuncel, Yasin Hayal, Ahmet İskender, Ersin Yolcu, Tuncay Uzundal, and Zeynel Abidin Yavuz are also on trial.

Ogün Samast was sentenced to life in prison on July 25, 2011, for the premeditated murder of Hrant Dink by the Istanbul 2nd Juvenile High Criminal Court. His sentence was reduced to 21 years and 6 months due to his age at the time of the crime.

On November 15, 2023, Samast was released for “good behavior” and completion of his sentence, leading to a new indictment. The case was then consolidated with the current trial at the Istanbul 2nd Juvenile High Criminal Court.

The indictment claims that Akyürek, Yılmazer, and Sarı were members and leaders of the FETÖ/PDY armed terrorist organization and acted in line with its goals. It argues they had prior knowledge of the assassination, failed to take preventive measures, and facilitated the crime. Following the murder, they allegedly began a process that ultimately led to the coup attempt by taking over the Istanbul intelligence branch.

The indictment further alleges that Sağlam and Öztürk, who took administrative actions against instigators Hayal and Tuncel and conducted surveillance, were aware of the assassination plans. The prosecutor argues that these officials deliberately neglected their duties, enabling the murder to take place.

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