
Attorneys of Şenyaşar Family: Spoliation of evidence indicates state involvement 

2021-04-05 13:54:48


	URFA - Gökhan Dayık, attorney of the Şenyaşar Family who said that the decisions made in Malatya regarding the attack on the Senyaşar Family were "aimed at creating a perception",said, "Spoliation of evidence indicates that state involvement."

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	At the 7th hearing of the case, Fadıl Şenyaşar, who lost his father and two brothers in the attacks and survived the attack wounded and then was arrested, was sentenced to 37 years and 9 months in prison and a judicial fine of 600 TRY. The other jailed defendant of the file, the brother of the AKP MP, Enver Yıldız, was also sentenced to life imprisonment, and this sentence was reduced to 18 years in prison due to "severe provocation".

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	The investigation regarding the second attack at the hospital, for which a "confidentiality" decision was made, has not been concluded for 2 years and 10 months. The Şenyaşar family, who did not find this decision fair, has been in staging a sit in for justice in front of the Urfa Courthouse for 28 days so that the other investigation is concluded as soon as possible.

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	Stating that a new process has begun for them with the court decision, Şenyaşar family's attorney Gökhan Dayık and Ali Arslan, the head of the Association of Lawyers for Freedom (ÖHD) Urfa Branch, explained the details of what has happened so far to the Mesopotamia Agency (MA).&nbsp;

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	'SEPERATING THE TWO INVESTIGATIONS WAS WRONG'

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	Stating that many of his requests that will affect the merits of the case were rejected, Şenyaşar Family attorney Gökhan Dayık stated that the court gave an incomplete decision.

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	Attorney Dayık said that "The investigation phase was divided into two and a lawsuit was filed. A judgment was made over that. But when we look at it, it was an incident that started at the workplace and continued in the hospital. Seperating these two investigations would also affect the verdict. For this reason, we said from the very beginning that it was wrong to seperate this investigation into two, it should be carried out as a whole."

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	"WE ARE CONCERNED FOR THE OTHER INVESTIGATION!"

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	Dayık stated that the fact that the investigation has not been prepared for 2 years and 10 months of the incident in the hospital caused serious concerns for them and expressed his concerns as follows: "We have no idea which documents were added during this process, what evidence was collected. For this reason, we cannot make a defense and we are constantly made to wait. We have objected to it many times sor far. Last week we appealed again, and it was rejected again. Based on this, if we appeal to that decision and do not get a result from there, we are planning to apply to the Constitutional Court."

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	Emphasizing that it cannot be said that all the documents related to the events in the workplace are attached to the file, Dayık, said: "After 2.5 years, a witness statement was added to the file. There may be other documents like this. Since we do not see the contents of the investigation file while the confidentiality order continues, we cannot work on the file."

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	OTHER INVESTIGATION&nbsp;

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	Stating that some of the footage of the incident was not added to the file, Dayık said: "The spoliation of the evidence indicates states involvement. It shows that those who have the power spoils the evidence. One of our clients who lost his family members and was injured himself were sentenced to 37 years and 9 months of prison sentence. The attacker Enver Yıldız were sentenced to 18 years alone. Even a person who is not a lawyer can say that this is not fair."

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