03.02.2025 09:52
The aggravated life sentence given to Cemal Metin Avcı, the suspect in the murder of Pınar Gültekin, has been overturned by the Court of Cassation. Gültekin's father and the family's lawyer, who reacted to the decision, described the Court of Cassation's ruling as lacking legal basis and unacceptable. With the Court of Cassation's decision, the date for Avcı's potential release has been moved forward. The family's lawyer stated that they will continue their legal battle.
Pınar Gültekin, who was found dead after being missing for 5 days in Muğla in 2020, was placed in a barrel and burned. The aggravated life sentence given to the suspect Cemal Metin Avcı was overturned by the Court of Cassation in favor of the defendant.
CONFESSION HAD COME Pınar Gültekin, a student in the Department of Economics at Muğla Sıtkı Koçman University, went missing on July 16, 2020. Her ex-boyfriend Cemal Metin Avcı, who was detained 5 days later as part of the investigation, confessed that he strangled Gültekin during a fight, placed her body in a barrel at a country house, burned it, and poured concrete over it. Gültekin's partially burned body was found in the barrel at the location indicated by Avcı. Cemal Metin Avcı, who was referred to the courthouse, was arrested for the crime of 'murder with monstrous feelings and torture.'
HE RECEIVED AN AGGRAVATED LIFE SENTENCE In the trial held at the Muğla 1st High Criminal Court, the defendant Avcı was sentenced to 23 years in prison with a reduction for unjust provocation. Upon the objection of the Gültekin family, the case was sent to the İzmir Regional Court of Appeal. In the hearing held at the 4th Criminal Chamber, it was decided to impose an aggravated life sentence on Cemal Metin Avcı for the crime of 'murder with monstrous feelings and torture' without applying the provisions of unjust provocation.
COURT OF CASSATION OVERTURNED THE DECISION IN FAVOR OF THE DEFENDANT Upon the objection, the 1st Criminal Chamber of the Court of Cassation examined the file and found that Avcı had obtained benefits from the increasing demands of the defendant by blackmailing Gültekin regarding their relationship with his wife and surroundings, and deemed it unlawful not to apply a minimum unjust provocation reduction in the sentence given to Avcı. The 1st Criminal Chamber of the Court of Cassation, by a majority vote, overturned the ruling established against the victim Pınar Gültekin for the crime of 'intentional murder with premeditation and with monstrous feelings or torture.' The Chamber stated that a sentence should be imposed on the defendant for qualified intentional murder or murder by torture and sent the file to the İzmir Regional Court of Appeal.
"ALL PEOPLE WHO EXPERIENCE THE PAIN OF LOSING A CHILD WILL UNDERSTAND ME" Reacting to the overturning decision, Pınar Gültekin's father, Sıddık Gültekin, said, "We are almost entering the 5th year, our trial was ongoing. Unfortunately, we received very bad news last night; the Court of Cassation overturned the decision with a 3 to 2 vote. Mertcan Avcı's sentence was upheld for 4 years, but unfortunately, they overturned the sentence of the murderer, the person who committed the murder. Their intentions are clear. It was the same in the Muğla court that judged us, the court that sentenced 23 years did the same. But honorable judges have not disappeared. They gave the necessary response in İzmir. They also gave the necessary sentence, but the Court of Cassation overturned it. We will continue our legal struggle to the end. Because we live in a state of law. It shouldn't be like this. How can a person die again? You bring your daughter to a fetal position, tie her up, put her in a barrel, and burn her. The Court of Cassation has done everything it can to reduce the sentence as if it were a normal death. We absolutely do not accept this decision. There is a forensic report decision. There are signatures of 11 professors on this decision. This poor girl was burned alive. How can it not be with monstrous feelings? We have no guarantees left. We have no guarantees even in traffic. If this sentence is like this, anyone can be killed in traffic at any moment. It feels like my daughter was burned alive in front of my eyes in a barrel last night. This really bothers us a lot. But there is nothing we can do. We will continue our struggle to the end. I think all people who experience the pain of losing a child will understand me because my heart is burning. Our family is finished. How could their consciences allow such a decision? I call out to the Court of Cassation, how can you make such a decision? This is an absurd decision. I do not recognize the decision," he said.
"LEGALLY AND ACTUALLY UNACCEPTABLE" The family's lawyer, Rezan Epözdemir, stated that the Court of Cassation's decision is legally and actually unacceptable, saying, "The decision given by the Court of Cassation is clearly a decision lacking legal basis and unfounded. In our opinion, it is a legal absurdity. You know, a decision was made by the 4th Criminal Chamber of the İzmir Regional Court of Appeal regarding Cemal Metin Avcı, an aggravated life sentence was given. The parties exercised their right to appeal in this matter. They had appealed, and the process was brought to the Court of Cassation. According to the news reflected in the media today, which we have not been notified of the decision, we could not be informed about it, but according to the news reflected in the public today, this decision has been overturned in favor of the defendant. It has been overturned for fundamentally two reasons. One, the Court of Cassation said that an unjust provocation should be applied here, which we believe is legally and actually unacceptable. Because during the trial, the defendant Cemal Metin Avcı made the unjust provocation defense three times to minimize the sentence. This was a scripted, memorized defense. It changed three times, it changed in stages, a contradictory unjust provocation defense was made. Ultimately, since it was not supported by evidence, the 4th Criminal Chamber of the İzmir Regional Court of Appeal did not give credence to this defense. It was said to be a scripted and memorized defense aimed at minimizing the sentence. However, the Court of Cassation says that an unjust provocation should be applied here. In our opinion, this is legally and actually unacceptable," he said.
'THE REASONING IS EXACTLY THIS EXAMPLE' Lawyer Epözdemir stated that Gültekin's death should be evaluated within the definition of 'monstrous feelings,' saying, "You know, according to the Forensic Medicine Institution report, the victim Pınar Gültekin was burned alive. Her life was ended while she was still alive, she was burned alive. Article 82 of the Turkish Penal Code states that this is murder committed with monstrous feelings and by torturing. When we ask what the definition of monstrous feelings is, it is stated in Article 82 of the Turkish Penal Code that the reasoning is exactly this example. Monstrous feelings refer to a situation of qualified intentional murder that arises as a result of someone being killed by being burned alive. Despite this, according to the Forensic Medicine Institution report, it is established that she was burned with monstrous feelings, meaning she was burned alive, and then thrown into the river with the help of a barrel covered with concrete, yet the Court of Cassation says, 'No, there are no monstrous feelings here' regarding the defendant.
He states, "There is no qualified intentional murder here; it is a case of simple intentional murder." It is said that he made a decision to overturn based on such a justification. Of course, this decision was made by a majority of three to two. The Deputy Chairman of the 1st Criminal Chamber of the Court of Cassation, Osman Atalay, and another member who disagreed with this decision also opposed it, and the decision was made by a majority vote. From now on, we will continue our legal struggle to the end. According to Article 380 of the Code of Criminal Procedure, we will apply to the Chief Public Prosecutor's Office of the Court of Cassation to exercise the right of appeal. We believe that the Chief Public Prosecutor's Office of the Court of Cassation will exercise this right of appeal, and we are of the opinion that this mistake will be corrected by the General Criminal Board of the Court of Cassation," he stated.
'WE WILL CONTINUE OUR LEGAL STRUGGLE' Lawyer Rezan Epözdemir, who noted that the date for the defendant's release has been moved forward with this decision, said, "If he had received a life sentence, he would only have been able to be released in 2050. After 30 years of conditional release and supervised probation, he would have served time. However, if simple intentional murder and unjust provocation reduction are applied, his sentence could be between 12 to 18 years in prison. If he is sentenced to the minimum of 12 years, he could be released after a total of 7 years of conditional release and supervised probation. This would mean he could be released in July 2027. This is a result that will disturb the public conscience, the victim's family, and the Turkish public. Without immediate rehabilitation, the fundamental principle of punishment law is rehabilitation, and he will be reintegrated into society without rehabilitation and reform. If he is sentenced to the maximum and this decision is finalized, he will receive an 18-year prison sentence, with a minimum of 11 years to serve. After conditional release and supervised probation, in this case, he could be released in July 2031. In both scenarios, he will be integrated into society without rehabilitation and reform, which, as I mentioned, will be a situation that undermines both public conscience and the perception of justice. We will continue our legal struggle to the end. We will apply for the exercise of the right of appeal by the Chief Public Prosecutor's Office of the Court of Cassation against this decision. We hope that justice will prevail, the material truth will emerge, fairness will be achieved, and this victimization will be resolved as soon as possible," he said.