ANKARA, Jan 23 (A.A) - The reasoned verdict of Supreme Court of Appeals' Eighth Criminal Chamber which approved the decision given in Susurluk case was announced on Wednesday.
The reasoned verdict noted that forming an illegal organization and misusing state authority even in the name of fight with terrorism is against the principle of state of law.
The verdict noted that the Eighth Criminal Chamber approved the decision of Istanbul State Security Court (DGM) No. 6 which sentenced 14 suspects including Ibrahim Sahin and Korkut Eren to prison terms of four and six years.
The incident which was revealed by the traffic accident in Susurluk and finding of Abdullah Catlý, a mafia leader, a deputy and a security official in the same car necessitated broader investigation, it was noted.
The reasoned verdict noted that the suspects who were charged in the security organization later misused power and got involved in illegal activities by taking into consideration their own interests in the name of fight with terrorism and they formed a gang. Therefore the suspects didn't only violate Article 313 of Turkish Penal Code (TCK), but also Article 6 of the Constitution which said that ''The right to exercise sovereignty shall not be delegated to any individual, group or class. No person or agency shall exercise any State authority which does not emanate from the Constitution.''
The reasoned verdict stressed that this situation could not have a justifiable dimension within the rules of the state of law and that formation of so-called laws instead of the existing laws through its own power and rules with an illegal organization as it had been mentioned, by using force like the state's legal forces even if it was for the sake of fight against terrorism would destroy the state of law.
''When it is taken into consideration that the powerful is the influential also under these conditions, and a system of which beginning and end are uncertain and where every kind of illegality is dominant will be formed, and fear and worry will replace principles of laws in relations between citizens and the state, which will mean complete violation of laws beyond violation of constitution and a law and cause annihilation of the state of law, the court considered that acts of the suspects matched with Article 313 of the TCK and did not find any inappropriateness between these reasons and the entailing reasons it mentioned in its verdict and decided to implement Article 33 of the TCK for suspects Ibrahim Sahin and Korkut Eken,'' it said.
The reasoned verdict said that the court had unanimously approved the verdict.
The Istanbul State Security Court (DGM) no:6 had sentenced suspects Ibrahim Sahin and Korkut Eken to six years in prison in accordance with Article 313 of the TCK and sentenced other suspects Ayhan Carkin, Ercan Ersoy, Oguz Yorulmaz, Enver Ulu, Mustafa Altunok, Abdulgani Kizilkaya, Ziya Bandirmalioglu, Ayhan Akca, Yasar Oz, Ali Fevzi Bir, Sami Hostan and Haluk Kirci to four years in prison.
The suspects of the case have the right to ask for correction of the verdict as an extraordinary way of law. The Chief Prosecutor of Supreme Court of Appeals has to accept that request first. If he does not accept it, all the remedies will be exhausted.