Will Kadir Sheker go to jail again?

An important development has taken place in relation to Kadir Seker, who found blood on his hand while trying to save a woman who had been beaten on the street in Konya.

He was sentenced to 10 years and 10 months in prison for stabbing and killing Özgur Duran, who allegedly beat his lover Ayşe Dırla in Konya in an attempt to thwart him, and was released from an open prison under Covid-19. There has been a statement as to whether Sheker will return to prison under a law passed on 15 July.

The incident occurred on February 5, 2020 in the Selçuklu area in the Yeni Istanbul Caddesi Piri Reis park. When Ozgur Duran (32) was beating his beloved Ayse Dyrla (35), Kadir Çeker (22) wanted to intervene. Kadir Sheker stabbed Duran in the ensuing hand-to-hand fight. Sheker, who was taken into custody, was arrested by a judge at the courthouse where he was transferred. Kadir Şeker was sentenced to life imprisonment in a case before the 3rd High Criminal Court, where he was tried for the crime of “premeditated murder”. On the grounds that the crime was committed due to “an unfair provocation”, the sentence was reduced first to 15 years and then to 12.5 years, given Sheker’s good behavior at trial. The District Court of Appeal upheld the decision of the local court. The case was then sent to the Supreme Court for appeal. The 1st Penitentiary Chamber of the Supreme Court overturned the decision against Kadir Sheker. Based on the annulment of the verdict, it was stated that “the defendant Kadyr carried out his actions as a result of threats, insults, kicks and slaps on the accused, who was leaving the scene, and squeezed his throat, inflicting simple medical interventions on the accused.”

COME AGAIN: 10 YEARS AND 10 MONTHS IN PRISON

The Supreme Court ruled that entrapment provisions in favor of Checker should be implemented at the highest level and ordered that the case be referred to the local court. Following this decision, Kadir Şeker appeared before the judge again on July 5, 2022. Following a decision by the Supreme Court, the court reduced Kadir Şeker’s sentence from 12.5 years to 10 years and 10 months and ruled that his detention should continue. After that, his lawyers objected to the continuation of his detention in the 4th Supreme Criminal Court, which is the highest court. The 4th Supreme Criminal Court accepted the objection and on July 7, 2022 decided to release Kadir Sheker. In the decision of the 4th Supreme Criminal Court, “Defendant Kadir Sheker was detained for approximately 2 years, 5 months and 1 day as of February 6, 2020, the amount of the final punishment imposed on the defendant, the sentence handed down by the 1st Criminal Chamber of the Supreme Court of Appeal .After the verdict of annulment was issued by “supervision”, taking into account the Law No. 5275 “On the Execution of Sentences and Security Measures” and Article 6 of the Regulation on Separation from the Open Correctional Institution, the defendant served the term of release from the IU for the period of his detention, Convicted in SPEs were recognized as being on leave until July 31, 2023 due to the Covid-19 epidemic, further detention of the accused would be unfair, continuation of the preventive measure is no longer necessary, and within the framework of part 3-a of Article 109 of the Code of Criminal Procedure, it was concluded that The decision of judicial review was taken in the form of a ban on his appearance and the release of the defendant.

KADIR SHEKER, REVALUATION

The 1st Penitentiary Chamber of the Supreme Court of Appeal upheld the sentence of 10 years and 10 months in prison imposed on Kadir Şeker on May 18, 2023. Following the approval of the decision of the Supreme Court, Kadir Çeker was taken into custody by the gendarmerie at his home in the Kadınkhany district on June 1, 2023, in accordance with the “Law on the Execution of Criminal Offenses and Security Measures” and transferred to prison. Since Checker was taken to an open prison on June 8, he was again allowed to leave until July 31 due to the coronavirus.

WHO HAS A 5 YEAR OPEN PRISON FEE WILL BE BENEFITED

Kadir Şeker will no longer return to prison as part of a temporary article added to the law on the execution of sentences and security measures as part of the sack law passed by the General Assembly of the Turkish Grand National Assembly on July 15. Kadir Şeker’s lawyer, Mustafa Aladag, said his client would also benefit from the law, like other convicts. Aladag said:

“As you know, on July 15, 2023, our law, which we call the “bag law” number 7456, came into force after being published in the Official Gazette. This is a kind of forgiveness. Article 15 of this law is supplemented by the law “On the execution of punishments and security measures”. Under this law, our open prison convicts are on leave due to Covid-19 clearance. Convicts as of July 31, 2023 whose remaining term in an open prison is 5 years or less will no longer be returned to an open prison. All of them will be released on probation. As you know, the verdict on Kadir Cheker was finalized and his execution began in an open prison. Left due to permission. As you know, he was on vacation until July 31, when he managed to serve his 46-month sentence in an open prison. Fully corresponds to the subject of the article. Kadir Sheker will apply to the relevant open criminal department from July 31, 2023. He will also go on probation. Therefore, I can say that Kadir will not remain in an open prison.”