The Istanbul 13th Heavy Penal Court, which is hearing the Ergenekon trial, has asked the Ankara 11th Heavy Penal Court, which heard the case of the State Council attack, to announce its opinion before deciding whether the two cases should be merged.

The Ankara 11th Heavy Penal Court had reached a decision in the State Council attack case, but then the Supreme Court of Appeals had decreed that  the case should be merged with the Ergenekon trial.

The Ankara court then asked the Istanbul court about its opinion on a merge. According to Ntvmsnbc.com, the Istanbul court will announce its decision after the Ankara court declares its view.

The Supreme Court of Appeal’s 9th Criminal Chamber has unanimously overturned the sentence the Ankara court handed down to State council attacker Alparslan Arslan and eight others.

In its decision, it said that the claims of connections in terms of law and action between the Ergenekon organisation and the defendants of the State Council attack trial meant that a merge of the cases was inevitable.

On 17 May 2006, Arslan went to the State Council. Because he was a lawyer, he was able to pass the security gate with his gun. He entered the room of Judge Mustafa Birden and shot at him and other members of the State Council’s 2nd Chamber who were in a meeting.

The attacker killed Mustafa Yücel Özbilgin, and Birden and two other members were wounded.

Six Convictions 

On 13 February, the Ankara 11th Heavy Penal Court sentenced Arslan to two life sentences under severe conditions as well as 68 years and 9 months further imprisonment.

Three other defendants, Osman Yıldırım, İsmail Sağır, and Erhan Timuroğlu were given life sentences for attempting to change the constitutional order. They were accused of helping to kill Özbilgin and in the attempt to kill the other members, of throwing bombs at the Cumhuriyet newspaper and of being found in possession of bombs. They were each sentenced to 43 years, 11 months and 15 days imprisonment. 

Tekin İrşi and Süleyman Esen were sentenced to 10 years, 2 months and 15 months each for being members of an armed organisation and being found in possession of explosives. Three others were acquitted. (EÖ/AG)