İZMİR - The Court of Appeals overturned the case, stating that there were deficiencies in the case where Deniz Poyraz's murderer Onur Gencer is tried.

 

In the case where Onur Gencer, who organized an armed attack on the Peoples' Democratic Party (HDP) İzmir Provincial Organization and murdered Deniz Poyraz, is on trial, a retrial decision was made. In the last hearing held at İzmir 6th High Criminal Court on December 27, 2022, Gencer was sentenced to aggravated life imprisonment for "deliberate murder by design", "Violation of the immunity of residence", "Destroying property" and "Violating the firearms law". He was sentenced to 9 years in prison, so both Deniz Poyraz family's lawyers, the prosecutor and Onur Gencer's lawyer appealed to the Regional Court of Justice against the decision.

 

After the application, the 1st Penal Chamber of the Izmir Regional Court of Justice, which examined the file, overturned the decision in procedural terms and sent it back to the Izmir 6th Heavy Penal Court. He determined that the signatures were missing in some of the hearing minutes in the court file, the lawyers of the parties were not notified of the reasoned decision, and the articles about the notifications were not included in the file. The Court of Appeal decided that the deficiencies should be corrected and the file should be sent again.

 

FILE CLOSED IMMEDIATELY

 

Evaluating the development in the file, Türkan Aslan Ağaç, one of the lawyers of Deniz Poyraz Case, reminded that Onur Gencer was detained within 18 hours after the attack. Ağaç said: "The investigation was carried out in the same way that it started. While there was tons of evidence that was not collected during the investigation phase, an indictment was prepared in a short time like 2 and a half months. Then, a hearing was held in December of the same year. They tried to remove the file from the agenda of the Turkish public. Although it was an attack on a political party and a crime against the Constitutional order, an investigation and trial process was not carried out in accordance with the gravity and seriousness of this crime. This was also a process established for the prosecution of the instigators, those who helped the accused, and those who created this climate."

 

FILE WAS OVERTURNED

 

Stating that the İzmir Regional Court of Justice decided to overturn the procedure due to the fact that some of the minutes of the hearing were not signed by the clerks in the file, and that the bar associations and legal institutions requesting participation that had to be notified were not notified of the reasoned decision, Ağaç said: that the court would send the file back after completing the deficiencies and that the file would be returned and he said that the Izmir Regional Court of Justice will evaluate the demands of the parties.

 

MA / Tolga Güney