On Oct. 25, during the 15th session of Hrant Dink’s murder trial, the Istanbul court declared that Ogun Samast, the main suspect in Dink’s assassination who was under 18 at the time of the murder, would be tried in a juvenile court—and was therefore outside of its jurisdiction.
According to sources, the trial will resume in February 2011 with a different judicial board.
The recent change in Law No. 6008, otherwise known as “the stone-throwing children’s law,” which went into effect three months ago and is intended to extend a certain degree of leniency to those being tried under anti-terrorism laws, will work for Samast.
Prosecutors had demanded a prison term of up to 29 years for Samast, but under the juvenile court’s new law the term cannot exceed 26.5 years; some claim the term will be shortened by five years.
According to the Hurriyet newspaper, Hrant Dink’s brother, Hosrof, told the court, “This would not have happened if you had enacted justice swiftly.”
During the same session, the court rejected the Dink family’s request to have the killing reenacted at the site of Dink’s death, and in the presence of Samast.
Seven gendarmes from Trabzon are also being charged in a local court for neglecting to act despite having prior knowledge of plans to assassinate Dink. Reporters Without Borders (RSF) noted that a proposal to combine the Istanbul case with the Trabzon one was rejected by the court.
“Reporters Without Borders is very disappointed by these decisions, especially as they come after the European Court of Human Rights ruled last month that Turkey should compensate the Dink family for failing to prevent his murder,” the organization said in a statement. “The delays, obstacles, and setbacks still dogging this trial seem to indicate a continuing desire to shed as little light as possible on a case of national importance. Turkey seems not to have learned the lesson of the recent European Court of Human Rights ruling. It is this kind of behavior that has led to its fall to 138th position in the latest Reporters Without Borders press freedom index.”
In September 2010, the European Court of Human Rights ruled that Turkish authorities “failed in their duty to protect the life and freedom of expression of the journalist Firat (Hrant) Dink.” Turkey was ordered to pay 133,595 euros to the Dink family.
Erhan Tuncel and Yasin Hayal, two suspects believed to have planned the murder, are being tried in regular court.
Hrant Dink, the editor of the Turkish and Armenian weekly Agos, was gunned down in front of his office on Jan. 19, 2007. He had been prosecuted three times for violating Article 301 of the Turkish penal code for “insulting Turkishness,” and had received numerous death threats.
Nanore Barsoumian
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Hye, this is why the Turk ‘use’ juveniles to commit crimes such as the murder as of our Hrant Dink.
“Oh, a young boy did the crime” thus if at all punishable – ala Turkish law, Turkish style. Surprise, he grew up a few years since then… still not brought to face his crime, today, years later, Turk laws re ‘juveniles’ applies? Convenient.
Manooshag
Too, speaking of Turkish laws:
– Turkish Law No. 6008: Commonloy known as the “stone throwing children law”
– too,
“children who throw stones at security forces should not be treated the same as those who fire guns”.
Brings to mind the recent 15years old Kurdish girl child, tossed pebbles at a great big brave Turkish policeman and was imprisoned, in a Turkish prison system for as much as eight (8) years.
Turks’ prisons also made to be known famously via the American movie film as merely horrendously vile). How does t he Turk law apply against this Kurdish juvenile… or are Kurds exempt, regardless of their age!
Let’s see what the ‘juvenile murderer of Hrant Dink – get’s via ‘juvenile’ Turkish law, now
Manooshag
This is absolutely outrageous… unspeakable.. now they are turning this into a child’s game? SUCH BS on Turkey’s side.. but then again, we know Turkey in whole is BS..
Such inhumane acts on Turkey’s part and yet the world stands still and watches is without any punishable actions toward Turkey.. ABSOLUTELY AMAZING to me…
I am sooo frustrated …..
Gayane