Þemdinli case referred once more to a civilian court
Þemdinli case referred once more to a civilian court
The trial of three suspects in the 2005 bombing of a bookstore in the town of Þemdinli must take place again in a civilian court. This decision effectively put an end to a dispute over jurisdiction stemming from the fact that the suspects involved in the bombing were military officers.
Two non commissioned officers and an informer were caught by local residents when they bombed the Umut bookstore in Þemdinli, Hakkari province, on Nov. 9, 2005, killing one and injuring several others. The bookstore's owner was Seferi Yýlmaz, who had spent some time in prison on charges of being a member of the PKK (Kurdistan Workers' Party).
A civilian court in the province of Van had sentenced each suspect to 39 years in prison. However, a subsequent ruling from the Supreme Court of Appeals called for a retrial on the grounds that the case should have been heard by a military court. The suspects were released following the first hearing of the military trial. A decision which caused outrage among the public opinion.
The latest ruling to send the case back to the civilian court was issued by the Court of Jurisdictional Disputes, the Zaman daily reported on Thursday. The suspects will be tried again by the Van 3rd High Criminal Court on charges of membership in a terrorist organization and murder.
The court took into consideration changes to the Constitution that were approved in a referendum on Sept. 12, 2010, Zaman said. The changes restricted the jurisdiction of military courts and paved the way for the referral of crimes such as murder or acts of organized crime committed by military officers to civilian courts.
The Þemdinli trial is also significant because Ferhat Sarýkaya, the former prosecutor of the case who also prepared the original indictment, was disbarred by the Supreme Board of Judges and Prosecutors (HSYK) after he said the suspects had links to high-ranking military commanders, including then-Land Forces Commander Gen. Yaþar Büyükanýt.
Two non commissioned officers and an informer were caught by local residents when they bombed the Umut bookstore in Þemdinli, Hakkari province, on Nov. 9, 2005, killing one and injuring several others. The bookstore's owner was Seferi Yýlmaz, who had spent some time in prison on charges of being a member of the PKK (Kurdistan Workers' Party).
A civilian court in the province of Van had sentenced each suspect to 39 years in prison. However, a subsequent ruling from the Supreme Court of Appeals called for a retrial on the grounds that the case should have been heard by a military court. The suspects were released following the first hearing of the military trial. A decision which caused outrage among the public opinion.
The latest ruling to send the case back to the civilian court was issued by the Court of Jurisdictional Disputes, the Zaman daily reported on Thursday. The suspects will be tried again by the Van 3rd High Criminal Court on charges of membership in a terrorist organization and murder.
The court took into consideration changes to the Constitution that were approved in a referendum on Sept. 12, 2010, Zaman said. The changes restricted the jurisdiction of military courts and paved the way for the referral of crimes such as murder or acts of organized crime committed by military officers to civilian courts.
The Þemdinli trial is also significant because Ferhat Sarýkaya, the former prosecutor of the case who also prepared the original indictment, was disbarred by the Supreme Board of Judges and Prosecutors (HSYK) after he said the suspects had links to high-ranking military commanders, including then-Land Forces Commander Gen. Yaþar Büyükanýt.
