No evidence was found that Yapıcı, Ekmekçi and Altınay committed the crime of “aiding the attempt to overthrow the government of the Republic of Turkey”

CANSU PİŞKİN, İSTANBUL

The fifth hearing in the retrial of Mücella Yapıcı, Yiğit Ali Ekmekçi and Ali Hakan Altınay, whose 18-year prison sentences each for “aiding the attempt to overthrow the government of the Republic of Turkey” were overturned by the 3rd Criminal Chamber of the Court of Cassation, on charges of “opposing the Law No. 2911 on Meetings and Demonstrations” was held at the İstanbul 13th High Criminal Court on 11 February 2025.

The defense lawyers were present at the hearing in which the defendants did not attend. P24 monitored the hearing.

The prosecutor, presenting their final opinion on the case, reminded that the Court of Cassation overturned the sentence given to the defendants for “aiding the attempt to overthrow the government of the Republic of Turkey” due to the lack of conclusive and convincing evidence. In the final opinion, the prosecutor asked for the acquittal of the defendants in the retrial on the charge of “violating the Law No. 2911 on Meetings and Demonstrations” since no concrete and material evidence was obtained.

The lawyers for the defendants took the floor in turn and stated that they agreed with the final opinion and demanded the acquittal of their clients.

The court ruled for the acquittal of Yapıcı, Ekmekçi and Altınay on the charge of “attempting to overthrow the government of the Republic of Turkey” due to the lack of conclusive and sufficient evidence beyond all doubt. The unanimous decision did not establish a verdict on the charge of “opposing Law No. 2911 on Meetings and Demonstrations.”

Background of the case

The İstanbul 13th High Criminal Court sentenced Osman Kavala to aggravated life imprisonment and Mücella Yapıcı, Can Atalay, Tayfun Kahraman, Çiğdem Mater, Ali Hakan Altınay, Mine Özerden and Yiğit Ali Ekmekçi to 18 years in prison each. Following the reasoned verdict, the defendant lawyers filed an appeal.

The 3rd Criminal Chamber of the Court of Cassation, which completed the appellate review of the case on 28 September 2023, upheld the aggravated life sentence given to Osman Kavala and the 18-year sentences given to Can Atalay, Tayfun Kahraman, Mine Özerden and Çiğdem Mater, and reversed the 18-year sentences given to Ali Hakan Altınay, Yiğit Ali Ekmekçi and Mücella Yapıcı. The file was sent to the court of first instance for retrial.