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ANKARA: Judge, Prosecutor Clash Over Dink Case Verdict

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  • ANKARA: Judge, Prosecutor Clash Over Dink Case Verdict

    JUDGE, PROSECUTOR CLASH OVER DINK CASE VERDICT

    Today's Zaman
    Jan 19 2012
    Turkey

    The prosecutor in a court case concerning the 2007 killing of prominent
    Turkish-Armenian journalist Hrant Dink slammed the judge for failing to
    deliver a fair decision amid growing outrage over a trial many feel has
    failed to shed light on alleged official negligence or even collusion.

    Editor of the bilingual Turkish-Armenian weekly Agos and Turkey's
    best-known Armenian voice, Dink was shot in broad daylight in a busy
    Ä°stanbul street as he left his office on Jan. 19, 2007.

    The judge presiding over the 14th Ä°stanbul High Criminal Court
    sentenced Yasin Hayal to life imprisonment and acquitted 19 defendants
    charged with being part of a terrorist group.

    A juvenile court sentenced Dink's assassin, Ogun Samast, to 22 years,
    10 months in jail last July. He was 17 when he committed the murder.

    Prosecutor Hikmet Usta said in his two-page long petition as part
    of his appeal of Wednesday's decision that there was sufficient
    evidence to establish the murder was the result of efforts by an
    organized criminal group. The prosecutor's comments came in response
    to presiding judge Rustem Eryılmaz's earlier remarks published in
    Vatan daily Thursday where the judge commented that while he personally
    cannot deny the murder was well-organized, the evidence submitted to
    the court was not sufficient to issue such a ruling.

    "According to the evidence, there is no [illegal] organization
    [involvement in the murder]. But we cannot say there is no organization
    involved in the case," Eryılmaz said.

    In his petition, Usta said he has objected to many verdicts in
    his nearly 20 years of experience and acknowledged that judges are
    independent in delivering decisions. However, he dismissed the judge's
    remarks to Vatan that while there was a criminal network involved,
    there is no evidence for this.

    Eryılmaz told the Vatan daily that there must be some instigators, but
    that in order to accept this as legal fact, convincing evidence must
    be presented. "Since expectations were high in this case, this ruling
    pleased nobody. If you ask me whether I was personally satisfied,
    I would say no since I believe there are more instigators. But this
    is the best ruling that can be issued in accordance with the evidence
    in the case file," he said.

    The prosecutor added in his petition that the judge ruled in violation
    of the law for failing to establish that the Dink murder was part
    of an organized crime and acquitting the rest of the suspects. The
    prosecutor claimed in his petition that the fact that the judge left
    out one of the suspects during his final verdict is a clear indication
    that the indictment was not thoroughly examined.

    It emerged on Wednesday that when announcing its final ruling the court
    left out the verdict of CoÅ~_kun Ä°gci, one of the 18 suspects in the
    case. Sources said this person was accidentally left out of the final
    verdict and that the judges will issue a separate ruling for Ä°gci.

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