English: Judge Sefa Mutlu's grave should be opened

On behalf of director, actor and screenwriter Yılmaz Güney's wife Fatoş Güney and their children Yılmazand Guney Pütün Their lawyer Bişar Abdi Altınak, who applied to the Ankara 1st High Criminal Court, demanded that judge Sefa Mutlu's grave in Suvermez village of Nevşehir's Derinkuyu district be opened. 

Yılmaz Güney was sentenced to 19 years in prison for allegedly killing judge Sefa Mutlu in Yumurtalık district of Adana, where he went to shoot the movie "Endişe" on September 13, 1974. 

To complete his sentence. Güney, who was sent to Isparta Semi-Open Prison for prison, was released from prison on leave on October 9, 1981. 

He went to France and never returned. Güney, who was deprived of citizenship in 1982, died due to cancer in 1984.

Did the local court rule on the wrong crime?

The reason for Yılmaz Güney's death was Afterwards, the discussions about the incident that resulted in the death of judge Sefa Mutlu, publicly known as the "Yumurtalık Incident", did not end. 

The Güney Family stated that Yılmaz Güney was quickly punished for a crime he did not commit due to his left-wing and socialist views.  ;

Lawyers of the Acquisition Office reached the file in which Yılmaz Güney was tried 49 years later and revealed that "the decision on the prison sentence given to Güney is a legal and human tragedy."

Speaking to bianet, Lawyer Bişar Abdi Altınak said, "Where it remains within the limits of legitimate defence, the crime of murder may occur as a result of exceeding the intent. This provision of law reveals that one did not knowingly kill someone intentionally." 

Yılmaz Güney's action was not "Deliberately Killing People" but "Human As a Result of Transgressing Caste " If it is determined that the crime of "murder" has occurred, there may be some legal changes.

The petition included 17 articles and detailed reports

Ankara with the request to open the grave of Judge Sefa Mutlu Lawyer Altınak, who submitted a 14-page petition consisting of 17 articles to the 1st High Criminal Court, including details about the moment of the incident, also added to the application petition the drawing and report prepared by Police Institute Criminalistics Ertuğrul Korhan upon the request of the court. 

Details 

The following points were included in the petition: 

*The information we obtained as a result of our investigations has been hidden from the public until today, Güney is a " This situation was used as a justification for reputation assassination by portraying him as a "judge murderer." It proves that they have made a decision. 

*Before all the doubts that emerged as a result of political interventions in the trial are presented, the emergence of evidence that will reveal the facts will only be possible by opening the grave of the deceased Sefa Mutlu. 

*Yılmaz Güney was physically attacked four times by the relatives of judge Sefa Mutlu and Yumurtalık Deputy Public Prosecutor Tuncer Aslan, who were off duty and under the influence of alcohol, from before the incident to the moment of the incident.  ;

Reference was made to the reasoned decision

*The sad incident took place when Mutlu attacked Güney with a chair for the fourth time. This issue was clearly accepted by the court of the period.

*The crucial part of the incident emerged here. As stated in the reasoned decision and expert reports, Yılmaz Güney was at least 80 cm above the acceptable level when he was attacked with the chair, due to the 20 cm height difference and the fact that he was above the 60 cm step. Despite this, in the autopsy report, it was determined that the bullet entered from bottom to top.

Report

Drawing prepared by Police Institute Criminalistics expert Ertuğrul Korhan upon the request of the court. and its report was also added to the petition. 

*The report states, "According to the findings made during the first intervention and the autopsy report, the direction of the entrance and exit holes show that the shot was slanted from bottom to top and from left to right. In the ballistic and geometric examination, it was determined that the shooting would not be from top to bottom (due to the level difference between the victim and the Defendant Yılmaz Güney). (According to the statements and reports in the file)." It is against the laws of physics that a person can be hit from the bottom up. The report draws attention to this contradiction: It is understood from ballistic and geometric determinations that the shot fired at the victim Sefa Mutlu was made from bottom to top or from a level at most parallel to the ground. 

*As can be seen, the occurrence of the incident cannot be explained without geometric and ballistic determination. . Take part in this conclusion conveyed in the report For parallel reasons, the court said that the skull of the victim should be examined by the forensic medicine institution, and it was asked where the victim was buried in order to make this determination. However, upon the question of the court, the delegation was requested to be rejected by Nuran Mutlu's representatives and  The request was not accepted (Altındağ 2nd High Criminal Court's decision dated 17.06.1975). However, the most vital examination that would change the course of the case was not carried out by the court of the period without any justification and the conquest was not made grave. 

New evidence may emerge 

Also Lawyer In his petition, Altınak also presented the allegations that Yılmaz Güney was defending himself, and touched upon the following points: As requested, opening the grave of the deceased Sefa Mutlu and obtaining new criminological evidence regarding the legal nature of the incident is, in itself, mandatory in accordance with the provision of CMK 311/1-e. 

*The emergence of new evidence is only a material issue. It can be considered to have occurred not only because the evidence was physically obtained, but also because it became possible to subject the obtained evidence to a technical treatment that was not possible during the prosecution. 

Yılmaz Güney's treatment was prevented

At the end of the petition submitted to Ankara 1st High Criminal Court, the following points were drawn: 

*After the decision made with the irregularities mentioned above, Yılmaz Güney remained in prison for years because he was a Kurdish revolutionary and Unfortunately, he contracted stomach cancer while he was in prison. He learned that he had cancer as a result of the tests performed as soon as he went abroad, his treatment was started, but his family was informed by his doctors that it was too late. 

*A life that ended in years of imprisonment and exile. Maybe he would be among us today. 

*The "Yılmaz Güney Is a Murderer Trial", formed 49 years ago, stole Güney's life and many of the works he would give to the cinema from us and world art. For this reason, facing this decision that caused the end of his life is a great test for Turkey. 

*The accuracy of the relevant decision, which was designed 49 years ago to call a doyen of art who devoted his life to brotherhood and the true revolution of the people, a "murderer" or its wrongness can only be determined by conquest of the grave. This is the only way to reach truth and justice.

*Our argument is true and definitive. Our request must be fulfilled in order to prove our proof.  Based on the saying "He who runs away from the scales is a thief", the Turkish judiciary either accepts our demand for a conquest of the grave and confronts its sin, or escapes from the truth and becomes a partner in the legal murder committed 49 years ago.

(EMK)