Court of Cassation releases defendants in Istanbul airport ISIS attack case

Duvar English

Turkey's Court of Cassation, the highest appeals court in the country, has overturned the convictions of seven defendants in the case concerning the Islamic State (ISIS) attack at Istanbul's Atatürk Airport, which claimed 45 lives in 2016. 

Among the six individuals previously sentenced to 46 aggravated life sentences and 2,604 years in prison, five have been ordered to be released. Additionally, one defendant who had received a 12-year prison sentence has also been released.

In 2018, an Istanbul High Criminal Court sentenced six individuals accused of planning the attack to 46 aggravated life sentences for "violating the constitution" and "premeditated murder" of 45 people. Another defendant was sentenced to 12 years in prison for "membership in a terrorist organization."

According to NOW TV's reporter Alican Uludağ, the Court of Cassation reviewed the defendants' appeal on Dec. 12 and overturned the verdicts. The court deemed the 46 aggravated life sentences given in the case "unfair and excessive," citing disproportionate punishment.

As a result, five of the defendants who received life sentences and the one who was sentenced to 12 years were released. However, the court upheld the imprisonment of a defendant from Algeria and overturned their sentence for further review.

The attack on Atatürk Airport took place on June 28, 2016, when three ISIS militants opened fire with long-barreled weapons at the entrance to the international terminal. After police responded, the attackers detonated explosives, killing 45 people and injuring 236.

Ahmet Chatayev, alleged to have ordered the attack, was killed in a Georgian operation on Nov. 22, 2017.

CHP: ‘Legal scandal’

Speaking during discussions in the parliament, main opposition Republican People’s Party (CHP) Parliamentary Group Deputy Chair Murat Emir criticized the decision strongly.

“We were shaken by the news. We learned that the ISIS terrorists responsible for the brutal killing of 45 of our citizens during the 2016 Atatürk Airport massacre were released following a decision by the Court of Cassation. If this is true, it is a complete legal scandal,” Emir stated.

Referring specifically to the third chamber of the Court of Cassation that overturned the verdicts, Emir expressed further concerns, “When it comes to this chamber, many questions arise. Is there any connection between this process and the negotiations with Hay'at Tahrir al-Sham (HTS)? Who gave instructions to the 3rd Criminal Chamber?”

The third chamber of the high court is particularly known for its decision to not release former Workers' Party of Turkey (TIP) lawmaker Can Atalay despite the Constitutional Court's decision on his release.

Presidency ‘Not perpetrators of attack’

The Presidency's Directorate of Communications Center for Countering Disinformation issued a statement regarding news about the appeals decision.

The statement read, "It has been understood that the news has led to distortions" and added, "The six defendants who were released have been in prison for eight years and are not the perpetrators of the attack."

The presidency stated that the defendants were being prosecuted for crimes such as “membership in a terrorist organization” or “financing its activities.”

“Considering the time they have already spent in detention, it is possible that this period may correspond to the penalties they might receive, which led to their release. Please do not give credence to baseless claims," the statement read.

Journalist Uludağ, who initially reported the news, responded to the denial from the presidency by accusing the center of misleading the public. 

He stated, "Five of the released suspects were tried for direct involvement in the massacre and sentenced to 46 aggravated life sentences each for the deaths of 45 people and for violating the constitution.”

Uludağ also shared a screenshot from state-run Anadolu Agency’s past reporting on the defendants directly stating that they were sentenced for the deaths of 45 people.

“The Anadolu Agency's report at the time clearly lists the names and sentences of the five released suspects," he said.

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