Acquitted defendant sentenced to life imprisonment twice at retrial
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Summary: In the case concerning the killing of two people in Isparta, the Court of Cassation overturned the acquittal, which had been based on insufficient evidence. At the retrial, the defendant was sentenced to life imprisonment twice.
In the case concerning the killing of Korhan Taştekin and Zehra Çaycı, who went missing in Isparta in 2017, the acquittal previously issued for the defendant was reviewed by the Court of Cassation. Following the Court of Cassation’s decision to overturn it, the defendant, Ali Aydıner, was sentenced to life imprisonment twice at the retrial. The assessment of alleged statements the defendant made to the person he lived with, along with the other evidence in the case, was significant.
Attorney Aylin Esra Eren explained the reversal of acquittals and the assessment of evidence in criminal proceedings.
Question: Under what circumstances can an acquittal be overturned?
Attorney Aylin Esra Eren: Acquittals are also subject to review through legal remedies. A decision may be overturned for reasons such as being contrary to law, failing to assess evidence fully, or violating procedural rules. An overturning does not always mean that the defendant’s guilt has been conclusively established; the case is retried within the relevant legal framework.
Question: Can statements made by a defendant to another person be used in a conviction?
Attorney Aylin Esra Eren: A person’s statement may be considered when assessing evidence, but it cannot be said that it will always be sufficient on its own for a conviction. The statement’s reliability, consistency with the other evidence, the way it was obtained, and the defence’s ability to respond to it are all important.
Question: What standard must be met for a conviction in a criminal case?
Attorney Aylin Esra Eren: A conviction must be based on lawfully obtained evidence examined at trial that establishes that the defendant committed the offence. The principle that the benefit of doubt goes to the defendant is a fundamental safeguard in criminal proceedings. The court must assess the evidence with reasoned explanations.