Why did the Court of Cassation request a mental health report in the case over the killing of five people in a neighbors’ dispute?
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Summary: Prison sentences imposed on a defendant tried for killing neighbors in Sincan, Ankara, were overturned by the Court of Cassation because a mental health report should have been obtained.
In the case concerning the killing of five people after an argument reportedly caused by children’s noise in Ankara in 2023, the convictions of defendant Tahsin Ünsür were reviewed by the Court of Cassation. The Court of Cassation indicated that a medical board report should be obtained to assess the defendant’s criminal capacity.
Attorney Aylin Esra Eren explained the consequences of an allegation of mental illness in criminal proceedings.
Question: Does a request for a mental health report mean the defendant will not be punished?
Attorney Aylin Esra Eren: No. Requesting a report shows that an expert assessment of the defendant’s criminal responsibility is needed. The report’s contents, the person’s ability to perceive and direct their conduct at the time of the offense, and the statutory criteria are assessed together. The court makes the final decision.
Question: How does mental illness affect criminal responsibility?
Attorney Aylin Esra Eren: Article 32 of the Turkish Penal Code governs the effect of mental illness on criminal responsibility. The effect of the person’s illness at the time of the offense is examined in relation to their ability to perceive or direct their conduct. If the statutory conditions are met, criminal responsibility may be absent or reduced; however, this assessment cannot be made solely by looking at the name of a diagnosis.
Question: What happens after the Court of Cassation overturns a decision?
Attorney Aylin Esra Eren: The case file returns to the relevant court for reassessment within the scope of the reversal decision. The court conducts the examination found to be incomplete, assesses the evidence, and gives reasons for its new decision. A reversal does not mean that the previous decision has been shown to be legally wrong in every respect; the scope of the grounds for reversal matters.