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DINK CONVICT 'NOT TO BE RELEASED' FOR TIME SPENT UNDER ARREST
Hurriyet Daily News
Sept 15 2012
Turkey
Yasin Hayal, who is currently serving a life sentence for his role
in the assassination of Armenian-Turkish journalist Hrant Dink, will
not be released since the local court finalized his case before his
fifth year in prison ended, according to judicial sources.
A Dink family lawyer had claimed on Sept. 13 that Hayal could be
released in January 2013, when the maximum time for arrest, five years
plus a one year extension by the Supreme Court of Appeals, is exceeded.
However, the Supreme Court of Appeals has systematically calculated
the period of arrest as ending on the date the local court issued
its verdict, daily Milliyet reported on Sept. 14, citing unnamed
Supreme Court of Appeals sources. This has been the practice of the
high court since the highly controversial release of the Hizbullah
case defendants, a decision that was subject to major criticism at
the time, the report said, adding that as Hayal's case was finalized
by the local court before his fifth year in prison ended, he will
not be released unless a radical change occurs.
The Istanbul 14th Court for Serious Crimes, which is hearing the Dink
assassination case and has received criticism for deciding that the
murder was not committed as an organized action, has not sent the case
file to the Supreme Court of Appeals even though eight months have
passed since the decisions were made about the defendants. This has
led to discussions that the instigator of the Dink murder, Yasin Hayal,
could be released due to an article in the Code of Criminal Procedure
(CMK) which suggests that one can serve five years at most in prison
under arrest, and the appeals court may extend it for a year while
it deliberates the case. Hayal was arrested on Jan. 24, 2007.
Hayal was sentenced on Jan. 17 to aggravated life imprisonment, while
the triggerman, Ogun Samast, had earlier been sentenced to 22 years
in prison by a juvenile court.
In its ruling, the court argued that there was not enough evidence
indicating the existence of a conspiracy behind the crime, despite
lingering doubts. A prosecutor then appealed the ruling at the trial
on March 30, arguing that the crime was an organized hit.
September/15/2012
http://www.hurriyetdailynews.com/dink-convict-not-to-be-released-for-time-spent-under-arrest.aspx?pageID=238&nID=30204&NewsCatID=338
Hurriyet Daily News
Sept 15 2012
Turkey
Yasin Hayal, who is currently serving a life sentence for his role
in the assassination of Armenian-Turkish journalist Hrant Dink, will
not be released since the local court finalized his case before his
fifth year in prison ended, according to judicial sources.
A Dink family lawyer had claimed on Sept. 13 that Hayal could be
released in January 2013, when the maximum time for arrest, five years
plus a one year extension by the Supreme Court of Appeals, is exceeded.
However, the Supreme Court of Appeals has systematically calculated
the period of arrest as ending on the date the local court issued
its verdict, daily Milliyet reported on Sept. 14, citing unnamed
Supreme Court of Appeals sources. This has been the practice of the
high court since the highly controversial release of the Hizbullah
case defendants, a decision that was subject to major criticism at
the time, the report said, adding that as Hayal's case was finalized
by the local court before his fifth year in prison ended, he will
not be released unless a radical change occurs.
The Istanbul 14th Court for Serious Crimes, which is hearing the Dink
assassination case and has received criticism for deciding that the
murder was not committed as an organized action, has not sent the case
file to the Supreme Court of Appeals even though eight months have
passed since the decisions were made about the defendants. This has
led to discussions that the instigator of the Dink murder, Yasin Hayal,
could be released due to an article in the Code of Criminal Procedure
(CMK) which suggests that one can serve five years at most in prison
under arrest, and the appeals court may extend it for a year while
it deliberates the case. Hayal was arrested on Jan. 24, 2007.
Hayal was sentenced on Jan. 17 to aggravated life imprisonment, while
the triggerman, Ogun Samast, had earlier been sentenced to 22 years
in prison by a juvenile court.
In its ruling, the court argued that there was not enough evidence
indicating the existence of a conspiracy behind the crime, despite
lingering doubts. A prosecutor then appealed the ruling at the trial
on March 30, arguing that the crime was an organized hit.
September/15/2012
http://www.hurriyetdailynews.com/dink-convict-not-to-be-released-for-time-spent-under-arrest.aspx?pageID=238&nID=30204&NewsCatID=338