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Hurriyet Daily News, Turkey
May 15 2013
Dink murder was an organized crime, not an individual action, Turkish
high court rules
ISTANBUL - Hürriyet Daily News
Armenian-Turkish journalist Hrant Dink Journalist Hrant Dink was
killed on Jan 19, 2007, in central Istanbul. Hürriyet photo
The murder case of Turkish-Armenian journalist Hrant Dink has gone to
square one with the Supreme Court of Appeals decision on May 15
overturning previous decisions absolving suspects of any connection to
armed criminal organizations, ruling instead that they are members of
such groups.
The ruling opens the way to the retrial of suspects on charges related
to the formation of an armed crime organization. The court stated that
the `organization' was formed `with the purpose of committing a
crime.'
However, Dink's legal team will object to the decision that defines
the current formation as `an organization formed to commit crimes'
instead of an `armed terrorist organization,' according to lawyer
Bahri Belen, who told the Hürriyet Daily News that the decision failed
to note the suspects' political nature.
`The Supreme Court says there is an organization, but not of a
political nature,' Belen said. `It is important to define the
organization. The Supreme Court decision holds murder similar to a
debt and checks gang, whereas there is a long process that starts with
the McDonalds bombing
to the Dink murder. The legal definition is wrong, since this is an
act of terror, committed not by an ordinary criminal organization, but
by a political organization.'
The court decision points at a contract for the crime rather than an
organization, Deputy MP Bekir BozdaÄ? said during an Ankara meeting.
Yasin Hayal, who was convicted of instigating the Dink murder, was
also convicted of detonating a bomb outside a Trabzon McDonalds in
2004.
Belen said the upcoming new legal procedures following their objection
and additional indictments would proceed faster than the initial
stages.
The court also decided to hear a case into accusations that Hayal
threatened Turkish Nobel laureate Orhan Pamuk, in addition to
overturning his conviction of membership in a criminal organization.
The acquittal of Hayal's brother, Osman Hayal, on charges of aiding
murder was also overturned due to incomplete investigations, according
to the court.
The court also overruled six charges against Erhan Tuncel for
deliberately inflicting injury in the Trabzon bombing, demanding the
increased charge of attempted murder. Tuncel was also tried in the
Dink murder as a suspected instigator and was also employed by Engin
Dinç, who was later called on to testify during the Dink murder trial.
The court also overruled acquittals for Silah HacısalihoÄ?lu, Zerney
Abidin Yavuz and Tuncay Uzundal on charges related to membership in an
armed terror organization, while approving a sentence against Ahmet
Ä°skender for aiding murder.
Dink was assassinated in Istanbul in January 2007 by Ogün Samast, a
17-year old Turkish nationalist, in front of the offices of Agos, the
weekly for which he was the editor-in-chief.
After two years of proceedings, Samast was convicted on July 25, 2011,
of premeditated murder and illegal possession of a firearm by
Istanbul's Juvenile Court for Serious Crimes and sentenced to 22 years
and 10 months in prison. Following a five-year trial, the court ruled
on Jan. 17, 2012, that it saw no `deep state' role in the plotting of
the assassination, despite serious claims that a number of civil
servants were involved.
Vercihan ZiflioÄ?lu from Istanbul contributed to this report.
May/15/2013
From: A. Papazian
May 15 2013
Dink murder was an organized crime, not an individual action, Turkish
high court rules
ISTANBUL - Hürriyet Daily News
Armenian-Turkish journalist Hrant Dink Journalist Hrant Dink was
killed on Jan 19, 2007, in central Istanbul. Hürriyet photo
The murder case of Turkish-Armenian journalist Hrant Dink has gone to
square one with the Supreme Court of Appeals decision on May 15
overturning previous decisions absolving suspects of any connection to
armed criminal organizations, ruling instead that they are members of
such groups.
The ruling opens the way to the retrial of suspects on charges related
to the formation of an armed crime organization. The court stated that
the `organization' was formed `with the purpose of committing a
crime.'
However, Dink's legal team will object to the decision that defines
the current formation as `an organization formed to commit crimes'
instead of an `armed terrorist organization,' according to lawyer
Bahri Belen, who told the Hürriyet Daily News that the decision failed
to note the suspects' political nature.
`The Supreme Court says there is an organization, but not of a
political nature,' Belen said. `It is important to define the
organization. The Supreme Court decision holds murder similar to a
debt and checks gang, whereas there is a long process that starts with
the McDonalds bombing
to the Dink murder. The legal definition is wrong, since this is an
act of terror, committed not by an ordinary criminal organization, but
by a political organization.'
The court decision points at a contract for the crime rather than an
organization, Deputy MP Bekir BozdaÄ? said during an Ankara meeting.
Yasin Hayal, who was convicted of instigating the Dink murder, was
also convicted of detonating a bomb outside a Trabzon McDonalds in
2004.
Belen said the upcoming new legal procedures following their objection
and additional indictments would proceed faster than the initial
stages.
The court also decided to hear a case into accusations that Hayal
threatened Turkish Nobel laureate Orhan Pamuk, in addition to
overturning his conviction of membership in a criminal organization.
The acquittal of Hayal's brother, Osman Hayal, on charges of aiding
murder was also overturned due to incomplete investigations, according
to the court.
The court also overruled six charges against Erhan Tuncel for
deliberately inflicting injury in the Trabzon bombing, demanding the
increased charge of attempted murder. Tuncel was also tried in the
Dink murder as a suspected instigator and was also employed by Engin
Dinç, who was later called on to testify during the Dink murder trial.
The court also overruled acquittals for Silah HacısalihoÄ?lu, Zerney
Abidin Yavuz and Tuncay Uzundal on charges related to membership in an
armed terror organization, while approving a sentence against Ahmet
Ä°skender for aiding murder.
Dink was assassinated in Istanbul in January 2007 by Ogün Samast, a
17-year old Turkish nationalist, in front of the offices of Agos, the
weekly for which he was the editor-in-chief.
After two years of proceedings, Samast was convicted on July 25, 2011,
of premeditated murder and illegal possession of a firearm by
Istanbul's Juvenile Court for Serious Crimes and sentenced to 22 years
and 10 months in prison. Following a five-year trial, the court ruled
on Jan. 17, 2012, that it saw no `deep state' role in the plotting of
the assassination, despite serious claims that a number of civil
servants were involved.
Vercihan ZiflioÄ?lu from Istanbul contributed to this report.
May/15/2013
From: A. Papazian