An İstanbul court has once again upheld the life sentence of journalist and writer Erdal Süsem, despite a Constitutional Court ruling that his rights were violated and a Court of Cassation decision overturning his conviction.
At the fourth hearing of the retrial on Oct 6, the İstanbul 12th Heavy Penal Court ruled that there were no grounds to alter its original conviction dated Apr 20, 2009. The court also ordered that Süsem continue serving his sentence.
Süsem, who was brought to the hearing from a prison in Tekirdağ, asked the judges to acquit him and suspend the enforcement of his sentence.
'Justice delivered after 25 years is not justice'
At the hearing, the prosecutor demanding upholding the previous life sentence.
The prosecutor argued that the remaining evidence was sufficient to support a conviction, even if statements Süsem made without a lawyer during the investigation were disregarded.
Süsem, however, said his right to a defense had been restricted during earlier proceedings. He denied the charges and argued that being required to present his defense through videoconference had violated his right to a fair trial.
He said the evidence underlying the charges had not been adequately examined during the proceedings, which have lasted approximately 25 years. Witnesses had not been heard in court, and the defense's requests had gone unanswered, he added.
"This case dates back to 1999. Twenty-seven years have passed. Although the State Security Courts were abolished, I was convicted on the basis of indictments prepared by those courts.
"When the Court of Cassation overturned the verdict in this case, it called for evidence to be collected and examined in court. Our requests for the collection and examination of evidence were not granted. Not a single witness was summoned to testify or heard at trial.
"My statement was taken without a lawyer present. Those statements were not removed from the case file. The evidence obtained should have been examined in our presence, but that did not happen either. My right to a fair trial was violated.
"The evidence in this case has not changed since the first indictment was prepared. The prosecutor's opinion alleges that I am a member of the TKP/ML-TİKKO organization, but there is no evidence of any ongoing activity linked to this organization, no photographs, nothing.
"I am not a member of any organization, nor have I ever been involved in one.
"Everyone knows that justice delivered after 25 years is not justice, although it may amount to the restoration of a right. I request my acquittal and release."
Süsem's lawyer, Vahdet Sinan Yerlikaya, also argued that the Constitutional Court's ruling on the rights violation had not been implemented.
Yerlikaya said the defense had requested that Hanife Taş, an eyewitness to the incident underlying the murder charge, testify again. The court had initially granted the request but later reversed its decision.
He said the physical description Taş gave of the perpetrator did not match Süsem's appearance. Yerlikaya also requested an investigation into whether statements taken by police had been given in the presence of a lawyer.
Court: Excluding statements taken without a lawyer would not change verdict
The prosecutor asked the court to reject the defense's requests for additional evidence.
The judges rejected the requests for further investigation and evidence collection, citing the scope of the Court of Cassation's ruling and the stage reached in the proceedings. The court then announced its decision.
The court held that even if statements Süsem made without a lawyer during the investigation were excluded from the grounds for conviction, the remaining evidence did not warrant changing the previous verdict.
On that basis, the court upheld the conviction dated Apr 20, 2009, and ordered that the sentence continue to be enforced.
A 25-year legal case that began with a police officer's gun
Erdal Süsem's lengthy legal proceedings began in 1999 with the theft of a handgun belonging to Ali Söylemez, a police officer stationed at the Küçükyalı Police Station.
Süsem was accused of participating in several armed attacks on behalf of TKP/ML-TİKKO, opening fire on Hüseyin Bad's home and vehicle, killing Halil Taş and stealing the police officer's gun.
He was detained on Mar 21, 2000. During four days in custody, he was subjected to torture, including being sprayed with high-pressure cold water, given electric shocks and suspended in the Palestinian hanging position.
The proceedings raised disputes over eyewitness testimony and identification procedures. Süsem and his lawyers argued that his physical appearance did not match the description provided by an eyewitness in the murder case.
The İstanbul State Security Court No. 4 at the time decided not to prosecute the allegation of "membership in an organization," citing insufficient evidence.
However, the prosecutor handling the case was removed from the position. A newly appointed prosecutor brought fresh charges against Süsem. By then, the State Security Courts had been abolished. The İstanbul 12th Heavy Penal Court, which took over the case, sentenced him to life imprisonment in 2005.
Süsem was released in 2007. Around that time, the verdict was overturned, and he was put on trial again. In 2010, he was arrested once more over articles he had written for Eylül Art and Literature Magazine. He has remained imprisoned ever since.
Constitutional Court ruling
Turkey acknowledged that Erdal Süsem's right to a fair trial had been violated in a unilateral declaration submitted to the European Court of Human Rights (ECtHR).
In its declaration dated Sep 6, 2018, Turkey acknowledged that Süsem's rights under Article 6 of the European Convention on Human Rights had been violated. On Apr 30, 2019, the ECtHR took the declaration into account and struck the application from its list of cases.
After a local court rejected Süsem's request for a retrial, the case was brought before the Constitutional Court.
On Sep 13, 2022, the Constitutional Court ruled that Süsem's right to legal assistance, in connection with his right to a fair trial guaranteed under Article 36 of the Constitution, had been violated.
The top court ordered a retrial to remedy the consequences of the violation.
In its ruling, the Constitutional Court said the remaining evidence should be assessed at a hearing where the defense could effectively challenge it, to determine whether it was sufficient for a conviction without the statements obtained in the absence of a lawyer.
The court criticized the local court's earlier assessment, which had been conducted solely on the case file, stating:
"It cannot be argued that a retrial should not be held based on a predetermined assumption that the outcome would not change."
The Constitutional Court called for a retrial that would ensure procedural safeguards, followed by a new verdict based on the evidence established through those proceedings.
Following the Constitutional Court's ruling, a retrial began at the İstanbul 12th Heavy Penal Court. However, on Dec 15, 2023, the court once again upheld the life sentence. The Court of Cassation's 3rd Penal Chamber overturned that decision on Apr 9, 2025.
The Court of Cassation ordered the retrial to proceed under Article 311/1-e of the Code of Criminal Procedure. However, witnesses were again not heard during the second retrial, and requests to collect evidence were rejected, leading to the latest decision.
'I have been fighting an exhausting legal battle for 25 years'
In a letter sent to bianet ahead of the Oct 6 hearing, Erdal Süsem said he remained imprisoned despite rulings by the ECtHR, the Constitutional Court and the Court of Cassation. He appealed for public support.
Süsem, who said he was approaching his 25th year in prison, wrote:
"I have been imprisoned for 25 years. I continue to be held unjustly and unlawfully. I have been fighting an exhausting legal battle for 25 years."
Süsem said he had been acquitted in the other cases brought against him and argued that he should also be acquitted in this case. He called on journalists and the public to raise awareness of his situation.
The İstanbul 12th Heavy Penal Court's Oct 6 decision can be appealed to the Court of Cassation within two weeks of its formal notification. If no appeal is filed within that period, the verdict will become final.
(HA/VK)