02.02.2025 10:11
The aggravated life sentence given to Cemal Metin Avcı, who beat and strangled Pınar Gültekin in Muğla about 5 years ago and then burned her alive in a barrel, has been overturned by the Court of Cassation. The Court of Cassation ruled that the defendant should be punished for "unqualified intentional murder or murder with torture" instead of "premeditated and cruel murder," applying unjust provocation.
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27-year-old university student Pınar Gültekin, whose lifeless body was found on the 5th day of her disappearance on July 16, 2020, in Muğla, was brutally murdered by Cemal Metin Avcı. On the day of the incident, after a dispute that arose in the summer house, Avcı, who assaulted Gültekin, subsequently strangled her and then placed her in a metal barrel and burned her alive, was sentenced to life imprisonment. Later, with the application of unjust provocation reduction, his sentence was reduced to 23 years. Cemal Metin Avcı's brother Mertcan Avcı and the other defendants who witnessed the events were acquitted. The İzmir Court of Appeals overturned this decision, giving Cemal Metin Avcı an aggravated life sentence and his brother Mertcan Avcı a 4-year prison sentence. When the case was appealed again, the Supreme Court overturned both decisions.
SUPREME COURT SAID "NOT A BRUTAL MURDER"
According to the news by Ceylan Sever from Habertürk, the Supreme Court ruled that the defendant should be punished for "qualified intentional murder or murder by torture" instead of "premeditated and brutal murder," with unjust provocation applied. Two members of the five-person panel expressed dissenting opinions on the decision.
"THE DECISION IS CLEARLY A LEGAL ABERRATION"
Dr. Rezan Epözdemir, the lawyer for the Gültekin family, reacted to the decision, stating, "In our opinion, this decision taken by the Supreme Court by a majority vote is clearly a legal aberration. It contradicts itself three times in the stages, is unsupported by the evidence in the file, attributes sanctity to a memorized and fabricated unjust provocation defense, and the determination that the sentence should be reduced by applying unjust provocation is clearly devoid of legal basis and unfounded. Again, according to the forensic medicine report in the file, the determination that Pınar Gültekin, who was burned alive and thrown into the river after concrete was poured over her, was not murdered with brutal intent is incredible." he said.
"WILL STAY IN PRISON FOR 7 YEARS"
Epözdemir stated, "If the decision is finalized in this form, the defendant Cemal Metin Avcı could be sentenced to imprisonment from 12 to 18 years. If he is given a net sentence of 12 years, he will stay in prison for 7 years after the application of conditional release and supervised probation, whereas if he is given the upper limit of 18 years, he will stay in prison for 11 years after the application of conditional release and supervised probation." he expressed.
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