Reason for Şiban's sentence: Wittnesses withdrawned their statements

2023-05-19 14:27:26


	 

	VAN - In the reasoned decision of the 7 years and 6 months prison sentence given to Osman Şiban, who was seriously injured after being thrown from a helicopter in Van, the statements withdrawn by the witnesses were used as a basis for the sentence.

	 

	The reason for the 7 years and 6 months prison sentence given to Osman Şiban, who was thrown from a helicopter and seriously injured after being detained by the soldiers in the Şax (Çatak) district of Wan(Van), was announced. In the reasoned decision of the Mersin 2nd Heavy Penal Court, "intelligence information" and witness statements were made as a basis for the sentence.

	 

	In the reasoned decision, it was claimed that Şiban, who spent only two months in the summer in the village, both "collects financial aid from the organization" and "receives financial aid from the organization". In the decision, it was claimed that Şiban "is in constant contact with the members of the organization operating in the rural area, acts according to the orders and instructions from the organization, and meets the needs of the other members of the organization in the rural area as a result of the instructions from the organization. In addition, it was claimed that Şiban committed the crime of becoming a member by establishing an organic bond with the organization, based on the "diversity and density situation of the person".

	 

	'THE WITNESSES RETRACTED THEIR STATEMENTS'

	 

	The allegations were based on the statements of two people who had previously testified against Şiban but later retracted their statements. In the decision, it was noted that the statements given by the witnesses in question were "statements beyond which there would be no room for hesitation". In the decision, "Although the defendant did not accept the accusations in his defense at the hearing, declared that he was not affiliated with any terrorist organization, and even though the witnesses, N.A., reneged on the preparatory statement in their statements at the hearing, these statements were not respected, it was concluded that the statement was intended to save the accused from punishment, and the aid was provided by the witnesses. In line with the statements of Y.S. and the statements made by the witness in preparation, there is no doubt that it becomes permanent at certain periods.

	 

	In the decision, it was pointed out that some of the areas in Wan and Sirnex rural areas were used by the members of the organization, and it was claimed that the members of the organization took food and living materials from Şiban's house in the Surik hamlet. In the decision, it was pointed out that there were 3 blue-colored jellies of 40-50 liters containing diesel fuel in the Surik hamlet, and Osman Şiban's fact that the house closest to the point where the jelly was found belonged was made as a justification for the crime.

	 

	Şiban's lawyers appealed to a higher court after the reasoned decision was announced.