27.04.2026 19:32
In Konya, the 23-year prison sentence given to the defendant who killed his pregnant wife was overturned again by the Court of Cassation on the grounds that 'unjust provocation cannot be applied,' and the case file was sent back to the court for retrial.
In Konya, Ali Rıza Yüzer (40), who killed his 6-month pregnant wife Sadife Yüzer (35) with a shotgun on the claim that the baby in her womb was not his, had his 23-year prison sentence, which was reduced by the Regional Court of Justice 1st Criminal Chamber due to 'unjust provocation' and 'good conduct discount', overturned again by the Court of Cassation. The Court of Cassation 1st Criminal Chamber stated that the Konya Regional Court of Justice 1st Criminal Chamber's resistance to the ruling was unlawful.
Ali Rıza Yüzer, a farmer in Dineksaray Neighborhood of Çumra district and married for 12 years, shot his wife Sadife Yüzer, the mother of his three children and six months pregnant, five times with a shotgun on December 16, 2020, following an argument where he claimed the baby was not his. Sadife Yüzer collapsed in a pool of blood, and Ali Rıza Yüzer notified the medical teams. Despite the efforts of the paramedics, Sadife Yüzer could not be saved. Ali Rıza Yüzer was taken into custody by the gendarmerie and arrested. A DNA test revealed that Yüzer was the father of the deceased baby.
LOCAL COURT IMPOSED LIFE IMPRISONMENT
Ali Rıza Yüzer, tried at the Konya 3rd Heavy Penal Court for 'intentional killing of his wife knowing she was pregnant', was sentenced to aggravated life imprisonment. The court panel, concluding that the crime was committed under 'unjust provocation', reduced the sentence to life imprisonment.
APPEAL AGAINST THE DECISION
Yüzer's lawyer appealed to the higher court, the Konya Regional Court of Justice, objecting to the decision. The Regional Court of Justice 1st Criminal Chamber found the sentence excessive, overturned the decision, and sent the case back to the 3rd Heavy Penal Court. The local court issued the same decision again. The case was sent back to the Konya Regional Court of Justice. In the hearing held on June 8, 2023, at the Regional Court of Justice 1st Criminal Chamber, Ali Rıza Yüzer was initially given a life sentence. Considering Yüzer's 'behavior during the trial process', the court reduced the sentence to 23 years.
COURT OF CASSATION: THE MURDER WAS COMMITTED WITHOUT UNJUST PROVOCATION PROVISIONS
Following this decision, the case was sent to the Court of Cassation for appeal. The Court of Cassation 1st Criminal Chamber, concluding that Ali Rıza Yüzer committed the murder without the application of 'unjust provocation' provisions, sent the case back to the regional court with a request for retrial by a majority vote. However, the Regional Court of Justice 1st Criminal Chamber resisted its decision, citing 'the benefit of the doubt for the defendant', and again imposed a 23-year prison sentence.
"THE REGIONAL COURT OF JUSTICE'S RESISTANCE TO THE DECISION IS UNLAWFUL"
Upon objection, the case was sent back to the Court of Cassation. The Court of Cassation 1st Criminal Chamber stated that the Konya Regional Court of Justice 1st Criminal Chamber's resistance to the decision was unlawful. In the majority decision, it was stated: "Since it is understood that the application of unjust provocation provisions is unlawful despite the absence of any act from Sadife that would cause anger or severe grief, the court's resistance decision is not deemed appropriate." The case was then sent to the Court of Cassation Criminal General Assembly. The Criminal General Assembly, after reviewing the case, also ruled by majority that unjust provocation provisions should not be applied, overturning the decision. The decision stated: "The claim that the deceased deceived the defendant before the crime date could not be proven; on the contrary, it was established with material evidence that the defendant engaged in oppressive and violent behavior towards the deceased." The case was sent back to the appellate court.