No File, No Defendants, No Audience
Hatay 1st High Criminal Court opened the second hearing of Reyhanlı blasts case where 33 defendants are charged with involving in the detonation of 2 bombed vehicles left 57 killed on 11 May 2013.
Lawyer Deniz Özbilgin told bianet that while judges have no file in their hands, the file is under review by Supreme Court of Appeals because defendants' lawyers requested “the transfer of the case for security reasons.
“There is no condition that would create a safety hazard. There are only journalists and riot police outside the courthouse. Not even the audience in the hall,” Özbilgin said.
"The defendants also testify from their prison, and therefore it is not possible that Hatay courthouse poses a security threat."
Özbilgin, lawyer of dead victim Oğulcan Tuna’s family, said that they were the only victim family to follow the case.
Where did the bomb come from?
11 defendants testified at the hearing today including Nasser Eskiocak who didn’t testify on the first hearing.
Özbilgin said defendants testified from the prison through a Voice and Video Computerized System (SEGBİS).
“They are testifying as in an ordinary smuggling case. Their statements remain abstract and in the air. No answers to questions like where the bomb came from, how did it get in the car.
"In addition, not bringing defendants to the court is also a violation of rights. They are testifying in a small room in the prison. Detainees do not listen to each other's statements, their defense rights are also curtailed actually. There is right violation both on their behalf and ours."
Transferred from one court to another
The first hearing of the case was held on February 10, the second trial date was set to May 13.
However, following the abolition of special-duty courts, the case file was initially sent to 10th Adana High Criminal Court and then back to Hatay 1st High Criminal Court.
Hatay 1st High Criminal Court overturned the file. But finally the case was sent again, Hatay 1st High Criminal Court agreed to process the case.
"Hatay 1st High Criminal Court is processing a case that it previously overturned. This is a legal error," Lawyer Özbilgin said.
Case awaiting in the Supreme Court of Appeals
The case file, on the other hand, is not in court. It is awaiting at Supreme Court of Appeals as defense lawyers requested the transfer of the case for security reasons.
“Ask questions problems more clearly, there is no file in front of me," Özbilgin claimed that the judge asked him. “The court is processes a case that it overturned.”
What's in the indictment?
Prosecutor Özcan authorized by Anti-Terror Law (TMK) Article 10 drafted a 110-page indictment, charging 33 defendants (7 fugitives) with killing of 52 people including 5 children, attempting to kill 130 people and wounding 25 people.
Mihraç Ural, accused plot planner, Nasır Eskiocak, accused plotter and 17 other defendants are facing 53 times life sentence as well as an additional of 3,597 years.
The defendants are charged with “organizing a plot that would weaken the strength of state and create sensation, and realizing and being involved in it willingly” according to Turkish Penal Code Article 302.
Other 16 defendants are charged with aiding the plot, facing prison sentences from 10 to 16 years. (AS/BM)
* Click here to read the article in Turkish.