24.08.2025 01:45
In the case of 4-year-old Leyla Aydemir, who was found dead after going missing in Ağrı, the Court of Cassation overturned the acquittal of the defendants. The audio recordings presented related to the incident and the lack of thorough investigation were cited as the reasons for the decision to overturn the ruling.
A new development has occurred in the case of 4-year-old Leyla Aydemir, who was found dead by the riverbank days after going missing in Ağrı in 2018. The Court of Cassation overturned the acquittal decision regarding the defendants due to the failure to consider the audio recordings submitted later to the case file and the incomplete investigation.
The Ağrı 1st Heavy Penal Court had acquitted the defendants Ayşe A., Besim D., Hatun D., Mehmet Ali A., Musa A., Yıldırım A., and Yusuf A. in 2021 on charges of "qualified intentional murder" and "deprivation of liberty." The Erzurum Regional Court of Appeal 1st Criminal Chamber, which reviewed the decision, upheld the acquittal.
ACQUITTAL DECISIONS OVERTURNED
However, the Court of Cassation overturned this decision on the grounds of incomplete investigation in the case file. The ruling stated that it was not investigated who made certain social media posts related to the incident and that the individuals mentioned in a CD recording were not identified.
"AUDIO RECORDINGS ARE CRUCIAL FOR THE CASE"
Erdoğan Tunç, the lawyer for Leyla Aydemir's family, stated that the reason for the Court of Cassation's overturning decision was the audio recordings submitted to the case file in 2021, saying, "The 1st Criminal Chamber of the Court of Cassation decided last month to reopen the Leyla Aydemir case. The reason for this decision was two audio recordings I submitted to the case file four years ago. These audio recordings, which I submitted later, contained very important information. In these recordings, there are statements suggesting that a member of the AFAD team may have found Leyla alive during the search operations, and that one of the defendants intervened and the matter was closed afterward.
The local court had considered these recordings as unlawful evidence. However, the Court of Cassation found this decision erroneous and unlawful. Therefore, it requested clarification regarding the relationship of the AFAD officer mentioned in these audio recordings with the case. Following this, the case was sent back to the Ağrı 1st Heavy Penal Court. The incomplete investigations will be completed, and a new ruling will be established. Clarifying the situation mentioned in those audio recordings between the defendants and the AFAD officers who participated in the operations during the incident is of vital importance for the case," he stated.
"WE HOPE FOR THE PUNISHMENT OF THE DEFENDANTS"
Tunç also commented on the content of the audio recordings: "If we look at these recordings, we see two important things. Firstly, it is heard that Leyla was held in a pantry and crying. It is claimed that upon noticing this, an AFAD officer went to the scene, during which one of the defendants allegedly convinced the AFAD officer by saying, 'We will let her go anyway, but we can't because the village is under blockade. We have no intention of harming the child.' In the continuation of the audio recording, another AFAD officer states, 'Our team found her on the first day, but they did not intervene thinking they would let her go.' The examination of these recordings, identification of the relevant individuals, hearing them as witnesses, and conducting the necessary investigation is required. We hope for the punishment of the defendants when these pieces of evidence are added to the existing evidence in the case."
"MOTHER ŞÜKRAN AYDEMİR NEVER GAVE UP HER COMPLAINT"
Lawyer Tunç also addressed some misconceptions in the public: "Firstly, mother Şükran Aydemir never gave up her complaint. She has been consistent and determined in her complaint since the beginning of the case and is insistent on the trial. Secondly, there are some news reports suggesting that Leyla was sexually abused. However, the reports in the case file indicate that there is no evidence of sexual abuse. Therefore, until a new situation arises, we must accept that there was no sexual abuse in the case file," he said.
"OUR HOPE FOR JUSTICE HAS BEEN RENEWED"
Stating that the travel ban on the defendants is still in effect, Tunç said, "We presented our information to the court that the defendants have been coordinating this process. We believe that all of them will be retried and that all or some of them will be punished. The most important reason for the Court of Cassation to overturn this case is the audio recordings I submitted in 2021. If it weren't for these recordings, the case would have been upheld by the Court of Cassation, and all the defendants would have been acquitted, leaving the case as an unsolved murder. Thanks to these recordings, it became possible to reopen the case, evaluate the evidence, and expand the investigation. This has renewed our hope for justice. Our efforts and legal struggle will continue," he stated.
The case file has been sent back to the Ağrı 1st Heavy Penal Court for retrial. The new hearing date is expected to be determined after the judicial recess.