05.05.2025 20:10
The Supreme Court's 1st Chamber overturned the life sentence given in the case of Pınar Gültekin, who was killed by Cemal Metin Avcı, on the grounds that the acts of 'killing with monstrous feelings' and 'premeditated murder' did not occur, and that the unjust provocation reduction was not applied. While the Supreme Court is appealing the decision to overturn, the final word will be spoken by the Supreme Court's Criminal General Assembly.
After burning university student Pınar Gültekin to death in the Menteşe district of Muğla, the defendant Cemal Metin Avcı, who placed her in a barrel and poured concrete over it, was sentenced to aggravated life imprisonment for the crime of 'premeditated murder with monstrous feelings and causing suffering.'
THE LIFE SENTENCE DECISION WAS OVERTURNED BY MAJORITY VOTE
The decision of the 4th Criminal Chamber of the İzmir Regional Court of Appeal was overturned by the 1st Criminal Chamber of the Supreme Court by majority vote on the grounds that the acts of 'murder with monstrous feelings' and 'premeditated murder' did not occur, and that the unjust provocation reduction was not applied. The Chief Public Prosecutor's Office of the Supreme Court appealed this decision.
THE SUPREME COURT APPEALED
The 1st Chamber of the Supreme Court, which examined the appeal of the Chief Public Prosecutor's Office, rejected the appeal by majority vote on the grounds that the acts of 'murder with monstrous feelings' and 'causing suffering' and 'premeditated murder' did not occur. The file was sent to the General Assembly of the Supreme Court for a decision.
Dr. Rezan Epözdemir, the lawyer of Pınar Gültekin's family, who evaluated the decision of the 1st Criminal Chamber of the Supreme Court, stated, "According to the forensic report, Pınar Gültekin, who was burned alive and thrown into the land after concrete was poured over her, was murdered with monstrous feelings. Despite the comprehensive dissenting opinion written accurately by Deputy Chairman Osman Atalay and member Muzaffer Sayın, the 1st Criminal Chamber of the Supreme Court, which previously made a decision of a legal absurdity stating 'There is no monstrous feeling, the defendant should benefit from unjust provocation' by majority vote, has again given the same decision by majority vote and rejected the appeal 3 to 2."
THE FINAL WORD IS WITH THE GENERAL ASSEMBLY OF THE SUPREME COURT
Stating that "Now the final word will be said by the General Assembly of the Supreme Court," Epözdemir said, "They say that a woman, Pınar Gültekin, who was burned alive, and three members of the 1st Criminal Chamber of the Supreme Court were not murdered with monstrous feelings, and furthermore, they argue that the killer's sentence should be reduced on the grounds that he committed the murder under 'unjust provocation.' This decision is a legal absurdity and will take its place in Turkish legal history as an inhumane decision," he expressed.