Istanbul high court overturns earlier decision rejecting retrial of Balyoz convicts

ISTANBUL - Hürriyet

Supporters of suspects in the Ergenekon and Balyoz coup plot cases gather in this file photo demanding the release of all suspects. DHA photo

The Istanbul 11th High Criminal Court has overturned a previous ruling by the Istanbul 10th High Criminal Court that rejected the retrial demand of convicts in the Balyoz (Sledgehammer) coup plot case.

In its ruling, the 11th High Criminal Court stated that judges who were involved in the original prosecution process could not make a decision about the retrial. Two of the judges who participated in the original prosecution, Aytekin Özanlı and Savaş Çelik, were also in the committee that rejected the retrial.

The latest ruling came after an objection by Hakan Tunçkol, the lawyer of Balyoz convicts Doğan Temel, Recep Rıfkı Durusoy and Levent Kerim Uçar.

The court also assigned a new committee to examine the retrial demand. The committee consists of the Istanbul 17th High Criminal Court head Gökmen Demircan, as well as two judges from the Istanbul 13th High Criminal Court, Nalan Can and Abdullah Öztürk.

The Istanbul 10th High Criminal Court had unanimously rejected the Balyoz convicts’ retrial request on Jan. 24, stating that no legal justifications could be found for a retrial.

On Oct. 9, 2013, the Supreme Court of Appeals had ruled for the retrial of 88 convicts, while approving the convictions of 237 others in the case.