In the Yasin Börü case, which was overturned by the Supreme Court of Appeal, aggravated life imprisonment was requested for 20 defendants for “having killed a child with a monstrous feeling or tortured”.
BACKGROUND OF THE CASE
The case concerning the murder of Yasin Börü, Ahmet Dakak, Riyat Güneş and Hasan Gökguz during the events of Kobani on October 6 and 7, 2014 in Diyarbakır was heard by the 2nd High Criminal Court of Ankara and the court delivered its verdict April 24, 2017.
16 of the 41 defendants tried received five aggravated life sentences for “deliberately killing Yasin Börü and his friends with monstrous and tormented feelings” and “destroying the unity of the state and the integrity of the country”; the six children who were in prison were sentenced to 110 years in prison each.
While 18 of the defendants were sentenced to 12 years in prison each for “attempted murder” and 6 children were sentenced to 12 years in prison for their actions against the plaintiff Yusuf Er, 15 defendants and 6 children involved in the crime were “Propaganda for a terrorist organization”, 11 defendants were sentenced for “violation of residency immunity”, one for “violation of the law on assemblies and demonstrations”, and another for “violation of freedom of work and work “and” commission of a crime on behalf of a terrorist organization “.
One of the defendants, Remzi Özşan, was sentenced to 12 years in prison for “theft from death” and Uğur Doğanay was also sentenced to 3 years and 9 months in prison for “carrying a weapon without a license”.
The court acquitted the 13 defendants and the files of Burhan Ay, İsa zel and Ersin Filizer were separated because they were on the run at the time. The trial of Ersin Filizer, caught in an operation in Diyarbakir on January 2, 2018, and of the 2 fugitive defendants takes place in another judicial file.
COURT DECISION SURAMINE
On appeal of the decision, the Supreme Court of Appeal overturned the decision in April 2020 against the 24 defendants who were convicted of “willful murder with monstrous feelings and torments”, and the defendant Hüseyin Okçu, who was acquitted. .
In the Supreme Court of Appeal ruling, it was stated that Yasin Börü was under the age of 18 at the time of the incident, and it was stated that 24 defendants should be considered to have committed this crime against the child.
In the proclamation, it was stated that the phone call recordings and signal information of Hüseyin Okçu had been assessed and the reason for the sentencing had been formulated without determining whether or not he was in Diyarbakır. .
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