The Supreme Court applied against the acquittal of the 'good boys'.

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  • 15:56 27 September 2022
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VAN - An appeal was made to the Court of Cassation against the acquittal of the local court against the non-commissioned officers Ali Kaya and Özcan İldeniz and the confessor Veysel Ateş, who were caught red-handed while bombing the Umut Bookstore.
The verdict of acquittal in the lawsuit, filed for "killing people", "establishing an organisation" and "attempting to kill people" about Ali Kaya and Özcan İldeniz, and confessor Veysel Ateş, who were caught red-handed, who was caught red-handed by bombing the Umut Bookstore in the Şemdinli district of Hakkari, causing the death of a person, and whom the then Chief of Staff Yaşar Büyükanıt said that he knows them, they are good boys, was appealed to the Court of Cassation by the Van Bar Association.
Announcing its reasoned decision on August 26, 9 months after the verdict of the case, the Van 1st High Criminal Court argued that it would not be reasonable, logical and lawful for public personnel and public institutions to engage in such an action.
In the reasoned decision, which claimed that there was no conviction that the bombs dropped on the day of the incident were carried out by the defendants, it was claimed that the sketch, gun and other crime tools in the vehicle were put by the organisation. In the decision, the following statements were included: “As it can be seen from the detection minutes, there are two notebooks with names and phone numbers in the bag, and two hand grenades in the zippered bag in the trunk; The German-made handgun used by the organisation, which is not registered in the TAF inventory, was not registered in the TAF inventory, because the persons close to the organisation established de facto dominance over the vehicle during this period, the organisation's members were ordered to burn the vehicle, but the judicial authorities were able to make a safe discovery around 21.10 hours by the judicial authorities. The defense of the defendants, who are in charge of the fight against terrorism, that the bombs were subsequently placed in the trunk of the vehicle should be respected.”
Despite the death lists, bombs, sketches and many other evidences found in the trunk of the vehicle by the people of Şemdin, the decision alleged that there is no evidence that the material and moral elements of the crimes committed against the accused were formed and used the words of “The characterization of the criminal suspects, who took part in the fight against the separatist terrorist organisation, which carried out acts aimed at disrupting the unity of the country, as having committed the same crime as the crimes committed by this organisation would mean a result that lacks legal value based on assumptions, and that the public personnel and public institutions in charge of the fight against terrorism would not act in such a way. It has been concluded that it would not be in accordance with reason, logic and law to engage in action."
In the decision, which is defended that the defendants went to Şemdinli to collect information, the following was noted: “The defendants, who are in charge of the fight against terrorism, will need to carry out the acts of killing, attempting to kill and injuring the victims and participants in the district of Şemdinli, where they were on the day of the incident, for the purpose of gathering intelligence. Considering that they also did not have personal enmities, it was concluded that apart from the allegations of Seferi Yılmaz, who did not give rise to a conviction according to the evidence in the file, the defendants were acquitted."
Following the reasoned decision, Hamza Çiftçi, a lawyer on behalf of the Van Bar Association, appealed to the Court of Cassation against the acquittal decision. In the application, it was pointed out that the court completely made a judgment in favor of the defendants by ignoring any of the concrete evidence.

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