Nalin Öztekin
Following a reversal ruling by the Court of Cassation’s 3rd Criminal Chamber, the retrial of 15 public officials, seven of whom are in custody, accused of involvement in the 2007 murder of Agos newspaper’s Editor-in-Chief Hrant Dink, was concluded at Istanbul 14th High Criminal Court. In today’s hearing, the court acquitted three defendants while sentencing 11 others to prison terms ranging from 10 years to life. Seven defendants were given life sentences for "violating the Constitution," while the case of one fugitive suspect was separated from the proceedings.
Defendants attended via video link
The detained defendants Veysal Şahin, Gazi Günay, Okan Şimşek, Osman Gülbel, and Yavuz Karakaya attended the hearing from the prisons where they are held, while the non-detained defendants Mehmet Ayhan, Bekir Yokuş, Mehmet Ali Özkılınç, Onur Karakaya, Ali Öz, and Volkan Şahin joined via the judicial video conferencing system SEGBİS from their respective provinces. Another detained defendant, Muharrem Demirkale, was present in the courtroom along with the lawyers.
"I wanted to present my defense in court out of respect for the Dink family"
During the hearing, Demirkale presented his defense, stating that he wanted to speak in court out of respect for Hrant Dink’s family. He described the case as a "setup and a fabrication" and asked the court panel to challenge him with difficult questions.
"If I were a member of an organization, I would have left no trace"
Demirkale stated that he had served in the clandestine intelligence unit JİTEM and spoke about his past operations and awards, saying, "If I were a member of an organization, I would have left no trace. I carried out the duties of the great state."
Accusations against Prosecutors İrfan Fidan and Gökalp Kökçü
Demirkale accused former Istanbul Chief Public Prosecutor İrfan Fidan and the prosecutor who initially handled the Hrant Dink case, Gökalp Kökçü, of wrongdoing. "Fidan and Kökçü bear great responsibility in this case," he said. Kökçü was the prosecutor who prepared the indictment against public officials in connection to Dink’s murder, but the case was later taken from him. Demirkale also claimed that in the initial trial, one of the defendants, Engin Dinç, had been assigned to the investigation by then-Chief Prosecutor Fidan.
"Hrant Dink was a true son of this homeland"
Regarding Dink’s murder, Demirkale criticized those who downplayed its significance, saying, "Those who engage in Armenian hatred say, ‘It was just an Armenian who died.’ But Hrant Dink was a true son of this homeland, just like Uğur Mumcu and Sinan Ateş."
"The Dink family’s lawyers requested evidence, and so did we, but it was denied"
Demirkale insisted that the case was a setup and claimed that no concrete evidence or witness testimony implicated him. "Where is the evidence that I knew this murder would happen? Nowhere. What fault do I have in a crime I had no knowledge of? The Dink family’s lawyers requested certain pieces of evidence to be collected, and we made the same requests, but they were rejected. This proves our innocence," he said.
"It was proven that I did not follow Ogün Samast"
Demirkale argued that the prosecution had failed to establish a link between his actions and the alleged crime. He also denied claims that he had tracked Ogün Samast, the gunman who killed Dink, stating that the evidence disproved this claim. He further criticized the use of communication records (HTS logs) in the indictment, arguing that they did not support the prosecution’s allegations.
He also pointed out contradictions in the actions of the Trabzon intelligence branch, stating, "If the officers working there had received unlawful orders from their superiors, they would have said so."
"Don’t you have communication with Akın Gürlek?"
Demirkale criticized the way the case was handled, referencing an earlier testimony by Samast to former prosecutor Yusuf Hakkı Doğan, in which he allegedly presented different scenarios regarding the aftermath of the murder. He also claimed that the court had accepted Samast’s identification of gendarmerie officers as defendants, despite inconsistencies. Addressing the presiding judge Ferhat Şahin, he asked, "Don’t you have communication with Akın Gürlek?"
During the investigation, it was alleged that Istanbul Gendarmerie Intelligence officers were present at the scene of the murder. Another gendarmerie officer, Yusuf Bozca, had been asked to identify them. Demirkale argued in court that this identification had been refuted.
"I met Zekeriya Öz because of an investigation file"
Regarding allegations that he had connections with FETÖ-linked prosecutor Zekeriya Öz, Demirkale stated that he had only met Öz because of an investigation file related to a battle he had fought against the PKK in the 1990s. He also pointed out that journalists like Abdurrahman Şimşek had been close to Öz during the Ergenekon investigations but had later distanced themselves, just as he had.
"Justice has disappeared in the courthouse"
Demirkale concluded his defense by stating, "I trust this court, but I do not believe you are conducting a fair trial. Justice has disappeared in the courthouse." When asked for his final words, he responded, "Whatever burdens the heart, you have made us endure. What you have made us endure, you will endure as well."
Defense lawyer: "The verdict was already prepared"
Demirkale’s lawyer, Ayten İzmirli, stated in her defense: "We know that the verdict has already been prepared. No matter what we say, we cannot change the decision you have already written. We all know how the President exerts influence over the judiciary. My client was included in this case, particularly after the July 15 coup attempt, solely to link the case to FETÖ. After July 15, detained soldiers and police officers were selectively added to cases like this and other unsolved murder cases. The government pursued these actions to prove that FETÖ was an armed terrorist organization. But this is not an unsolved murder case. The victim is known, the perpetrator is known, and the mastermind is known. There is no evidence in this file. We requested the same pieces of evidence that the other side asked for, but they were denied. Let justice be served, even if the world collapses."
Court announces verdict after one-hour break
Following the defense statements, the court took a one-hour recess before announcing its verdict by unanimous decision:
- Acquitted: Volkan Şahin, Şükrü Yıldız, and Mehmet Ali Özkılınç.
- Life sentences for "violating the Constitution": Seven defendants, including Gazi Günay, Okan Şimşek, Ali Öz, Mehmet Ayhan, Onur Karakaya, Osman Gülbel, and Hasan Durmuşoğlu. Some also received additional sentences for premeditated murder.
- Additional sentences:
- Muharrem Demirkale: Life imprisonment for premeditated murder.
- Yavuz Karakaya: 12 years and 6 months for aiding premeditated murder.
- Bekir Yokuş: Life imprisonment for "violating the Constitution" and 10 years for aiding premeditated murder.
- Veysal Şahin: 15 years for involuntary manslaughter.
- Case separated: The case against fugitive suspect Faruk Sarı was separated.
- New arrests: Bekir Yokuş, Onur Karakaya, and Mehmet Ayhan were detained following the verdict.
