The 3rd Penal Chamber of the Supreme Court of Appeals upheld the aggravated life imprisonment sentence given to three senior soldiers in the case of 122 defendants regarding the events that took place in the Sultanbeyli and Mehmetçik Foundation location during the July 15 coup attempt. The verdict on 116 military academy students sentenced to life imprisonment was overturned. It was stated that 101 students were unaware of the coup and did not take action.
The Chamber completed the appeal review of the decision rendered by the Istanbul 28th High Criminal Court on 25 May 2018. Accordingly, the aggravated life imprisonment sentences given to the accused former captain Sinan Yaşam and former first lieutenants Aydın Gülşan and Ali Apaydın for “attempting to overthrow the constitutional order” and the acquittal of the three suspects who were private on the date of the incident were upheld. The decision of 116 Air Force Academy students to be sentenced to life imprisonment for “attempting to overthrow the constitutional order” was overturned. While it was recorded that 15 of these defendants could not prove that they were aware of the coup attempt, but that they tried to neutralize the citizens and police officers who opposed them by shooting in the air during the events and tried to neutralize them by taking their weapons, it was stated that they showed their will to participate in the crime, therefore, they were denied aid in the crime of “attempting to overthrow the constitutional order”. It was stated that they should be punished up to one year.
“THEY DID NOT KNOW WHERE THEY GO”
In the decision, the other 101 Air Force Academy students were called to an emergency meeting after the yacht drinking on the evening of the incident, they were taken to the road without knowing where to go, their phones were taken and they were put on buses, these defendants did not take any action or activity against the coup attempt, their actions were “attempting to abolish the constitutional order”. It was stated that they did not constitute the elements of the crime, therefore they should be acquitted in terms of this crime. However, it was stated in the decision that some of these 101 names had payroll and sequential search records, some of whom were given witness statements due to FETO, and one defendant was a ByLock user.
On 21 June, 66 of the 101 accused ex-military students, whose provisions were overturned by the chamber, were released on condition of judicial control, with an “exit ban” imposed by the Chamber.