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HRANT DINK TRIAL: COURT INSISTS ON DEFENDANTS' PHONE RECORDS
BIAnet.org
http://www.bianet.org/english/minorities/131855-court-insists-on-defendants-phone-records
Aug 1, 2011
Turkey
The prosecution of Erhan Tuncel and Yasin Hayal, alleged instigators
to the murder of Turkish-Armenian journalist Dink, was continued on 29
July. The court dismissed the objection made by the Telecommunication
Communication Presidency on delivering the requested information.
Isıl CİNMEN - Ozg OGRET Istanbul - BİA News Center01 August 2011,
Monday The trial regarding the murder of Turkish-Armenian journalist
Hrant Dink, then editor-in-chief of the Armenian Agos newspaper, was
continued on Friday (29 July). This was the 19th hearing of the case
heard before the Besiktas (Istanbul) High Criminal Court. Alleged
instigators and detained defendants Erhan Tuncel and Yasin Hayal
appeared at court. The trial includes a total of 19 defendants.
Dink, founder of the Agos newspaper, was gunned down in front of his
office on 19 January 2007.
German Green Party Co-Chair Claudia Roth was among the trial observers
as well as Olivier Guillaud, member of the Steering Board of the
Paris Bar Association, and Alexandre Kuyumcuyan as the President
of the Association of French-Armenian Lawyers and Jurists. However,
since the hearing started with a delay of two hours at 12.00 noon,
Roth had to leave early in order to catch her plane.
"Criminal discretion should be checked" On 25 July, triggerman Ogun
Samast was sentenced to imprisonment of 22 years and ten months by
the Istanbul 2nd Juvenile High Criminal Court for the killing of
Dink. During the Friday session, obvious tension could be observed
between Samast and alleged instigators Hayal and Tuncel.
Defendant Hayal claimed in the course of the hearing that "visitors
from Pelitli (Trabzon)" who came to see him in prison had threatened
and beaten him. As in the previous hearing, Hayal reiterated that
this could be proven by camera records. He requested to watch the
correspondent footage at court.
The defence lawyers of Erhan Tuncel on the other hand said that they
checked the visitors records that revealed that Hayal did not have
any visitor throughout the past six months. Thereupon, Hayal jumped
to his feet and shouted, "You will listen to me! Shut up!" The judge
managed to calm down the situation by telling defendant Hayal to be
quiet; otherwise he would have been expelled from the courtroom.
Hayal's defence lawyers requested to examine their client at the
Mental Health Hospital in Bakırköy (Istanbul) in order to check
whether Hayal was holding criminal discretion. Hayal stated thereupon,
"I am fine. I apologize for raising my voice".
Chek of Hayal's mental health The joint attorneys of the Dink family
showed the court board and the defendants footage recorded before the
murder. Lawyer Fethiye Cetin criticized that the trial would take a
more proper way once the telephone records of the defendants would
have been sent by the Telecommunication Communication Presidency
(TİB). Otherwise, this would obstruct a fair trial, Cetin indicated.
She continued that also the fact that the camera hard disk of the
Akbank branch turned out to be empty was not logic. The hard disk of
the bank located at the scene of crime was sent to the Scientific and
Technological Research Council of Turkey (TUBİTAK) for an examination.
She claimed that the hard disk of security cameras that are recording
and being erased continuously could not be completely empty. Lawyer
Cetin requested the court check whether the hard disk sent to TUBITAK
really were the hard disk of the Akbank cameras.
Olivier Guillaud and Alexandre Kuyumcuyan commented in an intermission
that this was "an impressive defence and an interesting trial".
The court board decided to have defendant Hayal examined by forensic
medical experts of the Public Prosecution in Tekirdag (west of
Istanbul) in order to check his mental health and to determine whether
Hayal should be taken under observation. The court is expecting a
referring report.
Additionally, the court decreed to reject the appeal of TİB on
delivering the requested information on the phone records and to
forward a correspondent writing to the superior 9th High Criminal
Court. The court board furthermore decided to contact the purchase
unit of Akbank in order to find out whether the hard disk examined by
TUBİTAK was the same. Moreover, the court is going to require the
prison camera records of the day Hayal was allegedly attacked. The
court board dismissed requests for the defendants' release.
The next hearing was set for 19 September.
BIAnet.org
http://www.bianet.org/english/minorities/131855-court-insists-on-defendants-phone-records
Aug 1, 2011
Turkey
The prosecution of Erhan Tuncel and Yasin Hayal, alleged instigators
to the murder of Turkish-Armenian journalist Dink, was continued on 29
July. The court dismissed the objection made by the Telecommunication
Communication Presidency on delivering the requested information.
Isıl CİNMEN - Ozg OGRET Istanbul - BİA News Center01 August 2011,
Monday The trial regarding the murder of Turkish-Armenian journalist
Hrant Dink, then editor-in-chief of the Armenian Agos newspaper, was
continued on Friday (29 July). This was the 19th hearing of the case
heard before the Besiktas (Istanbul) High Criminal Court. Alleged
instigators and detained defendants Erhan Tuncel and Yasin Hayal
appeared at court. The trial includes a total of 19 defendants.
Dink, founder of the Agos newspaper, was gunned down in front of his
office on 19 January 2007.
German Green Party Co-Chair Claudia Roth was among the trial observers
as well as Olivier Guillaud, member of the Steering Board of the
Paris Bar Association, and Alexandre Kuyumcuyan as the President
of the Association of French-Armenian Lawyers and Jurists. However,
since the hearing started with a delay of two hours at 12.00 noon,
Roth had to leave early in order to catch her plane.
"Criminal discretion should be checked" On 25 July, triggerman Ogun
Samast was sentenced to imprisonment of 22 years and ten months by
the Istanbul 2nd Juvenile High Criminal Court for the killing of
Dink. During the Friday session, obvious tension could be observed
between Samast and alleged instigators Hayal and Tuncel.
Defendant Hayal claimed in the course of the hearing that "visitors
from Pelitli (Trabzon)" who came to see him in prison had threatened
and beaten him. As in the previous hearing, Hayal reiterated that
this could be proven by camera records. He requested to watch the
correspondent footage at court.
The defence lawyers of Erhan Tuncel on the other hand said that they
checked the visitors records that revealed that Hayal did not have
any visitor throughout the past six months. Thereupon, Hayal jumped
to his feet and shouted, "You will listen to me! Shut up!" The judge
managed to calm down the situation by telling defendant Hayal to be
quiet; otherwise he would have been expelled from the courtroom.
Hayal's defence lawyers requested to examine their client at the
Mental Health Hospital in Bakırköy (Istanbul) in order to check
whether Hayal was holding criminal discretion. Hayal stated thereupon,
"I am fine. I apologize for raising my voice".
Chek of Hayal's mental health The joint attorneys of the Dink family
showed the court board and the defendants footage recorded before the
murder. Lawyer Fethiye Cetin criticized that the trial would take a
more proper way once the telephone records of the defendants would
have been sent by the Telecommunication Communication Presidency
(TİB). Otherwise, this would obstruct a fair trial, Cetin indicated.
She continued that also the fact that the camera hard disk of the
Akbank branch turned out to be empty was not logic. The hard disk of
the bank located at the scene of crime was sent to the Scientific and
Technological Research Council of Turkey (TUBİTAK) for an examination.
She claimed that the hard disk of security cameras that are recording
and being erased continuously could not be completely empty. Lawyer
Cetin requested the court check whether the hard disk sent to TUBITAK
really were the hard disk of the Akbank cameras.
Olivier Guillaud and Alexandre Kuyumcuyan commented in an intermission
that this was "an impressive defence and an interesting trial".
The court board decided to have defendant Hayal examined by forensic
medical experts of the Public Prosecution in Tekirdag (west of
Istanbul) in order to check his mental health and to determine whether
Hayal should be taken under observation. The court is expecting a
referring report.
Additionally, the court decreed to reject the appeal of TİB on
delivering the requested information on the phone records and to
forward a correspondent writing to the superior 9th High Criminal
Court. The court board furthermore decided to contact the purchase
unit of Akbank in order to find out whether the hard disk examined by
TUBİTAK was the same. Moreover, the court is going to require the
prison camera records of the day Hayal was allegedly attacked. The
court board dismissed requests for the defendants' release.
The next hearing was set for 19 September.