Breaking news in the HKG case! Court decision overturned, penalties increased

The hearing at the Anatolian 2nd High Criminal Court was concluded in October 2023, as part of the indictment prepared by the Anatolian Chief Public Prosecutor's Office in 2022 regarding the marriage and sexual abuse of HKG, the daughter of Hiranur Foundation founder Yusuf Ziya Gümüşel, at the age of six. In the case heard, the court sentenced the defendant Kadir İstekli to 30 years in prison for "qualified sexual abuse of a child in a chain manner," the father Yusuf Ziya Gümüşel to 20 years, and the mother, Fatıma Gümüşel, who was not in custody, to 16 years and 8 months in prison with a reduced sentence.

The case was reopened

The 20th Criminal Chamber of the Istanbul Regional Court of Justice (BAM) overturned the local court's verdict on both merits and procedural grounds, stating that while charges were filed for two separate offenses, the convictions were only for a single offense, and that a verdict should be reached for two separate offenses. It also stated that the sentences given to the father, Yusuf Ziya Gümüşel, and the mother, Fatıma Gümüşel, should have been increased pursuant to the law because they were the victim's father and mother, and noted that the mother's sentence was reduced, thus overturning the verdict. In the second hearing of the case at the Anatolian 2nd High Criminal Court, the prosecutor delivered his opinion, sentencing the defendant, Kadir İstekli, to a total of 36 years in prison for "aggravated sexual abuse of a child in a chain reaction" and "aggravated sexual assault." The father, Yusuf Ziya Gümüşel, was also sentenced to 18 years and 9 months for "aggravated sexual abuse of a child in a chain reaction," while the mother, Fatıma Gümüşel's case was separated. Following the parties' objections, the case was referred back to the 20th Criminal Chamber of the Istanbul Regional Court of Justice. The 20th Criminal Chamber reviewed the case and upheld the verdict. Following the parties' objection to the upholding decision, the case was sent to the Supreme Court of Appeals. The 9th Criminal Chamber of the Supreme Court of Appeals overturned the case on procedural grounds, stating that the court of appeal should have held a hearing, and the case was sent back to the Istanbul Regional Court of Appeals for a trial.

DECISION APPROVED

The 20th Criminal Chamber of the Istanbul Regional Court of Justice noted that the local court's decision found no procedural or substantive irregularities, and that there were no deficiencies in the evidence or proceedings. Considering that the assessment of evidence was sound, the actions were correctly characterized, they fit the crime types stipulated by law, and the penalties were applied within the legal framework, the reasons put forward by the applicants were deemed unfounded, and the court upheld the local court's decision, rejecting the appeals on merits. When the parties appealed the case to the Court of Cassation, the 9th Criminal Chamber overturned the case on procedural grounds, stating that the Court of Appeals should hold a hearing and render a decision, and remanded the case to the Court of Appeals.

The defendants' sentences were increased by one year each.

The hearing, held at the 20th Criminal Chamber of the Istanbul Regional Court of Justice, was attended by detained defendants Yusuf Ziya Gümüşel and Kadir İstekli, as well as the attorneys of the parties. The attorney from the Ministry of Family and Social Services was also present. The prosecutor, who announced his opinion on the merits of the hearing, demanded that the defendants be punished for the crimes they were accused of. Announcing its decision, the 20th Criminal Chamber sentenced detained defendant Kadir İstekli to 22 years in prison for “repeated sexual abuse of a child” and 15 years for “aggravated sexual assault,” a total of 37 years. Yusuf Ziya Gümüşel was given a sentence of 19 years and 9 months for “repeated sexual abuse of a child.”

Source: DHA