Ayetullah AY released from prison

The 3rd hearing of the case took place on 14 April 2022. As a result of some procedures, the court decided to suspend the execution of the previous sentence and release the applicant at this new stage. Ayetullah released from prison on 14 April 2022 and gained his freedom.

The local court rejected the application for a deferred sentence.

Despite the prosecution’s request for release at the hearing on 22 February, the court rejected the release request and adjourned the hearing to 14 April 2022.

Prosecutors try to influence the court

In the document sent by Kırıkkale C. Prosecutor’s Office on 13.07.2021 that include an unsigned anonymous denunciation letter, new accusations were made against Ayetullah AY. This unjust and false document was considered as evidence by the prosecution, and although it was unrelated to the ongoing case in Diyarbakır, it was sent to the file in order influence the court.

Request to the Ministry of Justice for a reversal in favor of the law

The applicant appealed to the Ministry of Justice on June 21, 2021, requesting that the court’s decision for suspension of the execution was clearly unlawful and that the Ministry should request the Prosecutor General of the Court of Cassation to eliminate this injustice in favor of the law.

The court agreed to re-trial

The 5th High Criminal Court of Diyarbakır accepted the retrial with case number 2005/24 E- and its supplementary decision dated 11.06.2021 but rejected the request for suspension of execution and release of Ayetullah Ay.

An application was made to the local court for a retrial

After the decision of the ECtHR( Nos. 29084/07 and 1191/08) regarding Ayetullah Ay v. Turkey became final on 08.03.2021, an application for retrial and suspension of the execution was filed to the Diyarbakır 5th High Criminal Court.

The decision of the ECtHR became final

After a long judicial process, the ECtHR issued a final decision on March 8, 2020, convicting Turkey of violating Article 6 of the Convention and ruled that Ayetullah AY should be retried.

ECtHR ruled that Turkey violated Article 6 of the convention

The ECtHR accepted the case

On January 30, 2014, complaints about the unfairness of the proceedings against the applicant were submitted to the Government, and the remaining applications 29084/07 and 1191/08 were declared inadmissible in accordance with the Court’s decision 54§3.

Ayetullah brought the case to the ECtHR

Pursuant to Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Ayetullah filed two applications (Application Nos. 29084/07 and 1191/08) to the Court against the Republic of Turkey on June 27, 2007 and December 13, 2007, respectively.

The Supreme Court upheld the verdict

On February 11, 2008, the Court of Cassation upheld the decision of the Diyarbakır Criminal Court and ruled, in light of the evidence examined by the court where the case was heard, that the complainant had participated in various PKK activities to segregate part of the state’s territory.

Ayetullah Ay lodges an appeal against the verdict

On January 12, 2008, Ayetullah lodged an appeal against the decision of the Diyarbakır District Court.

The High Criminal Court of Diyarbakir has made its decision on the case

The court ruled that the case file was insufficient to prove the applicant’s guilt (as set out in the indictment) on cases 1 and 2 (killing of two policemen and armed attack on a battalion commander). However, in view of the contents of the whole file, it considered that the applicant had committed the crime of destroying the unity of the Turkish State (under Article 125 of the former Criminal Code) and attempting to separate part of the State’s territory from the State administration.

Prosecutor’s Office submitted the indictment to the court

The Diyarbakır Public Prosecutor filed an indictment against Ayetullah AY to the Diyarbakır High Criminal Court, accusing him of carrying out activities to separate part of the territory controlled by the state from the state administration in accordance with Article 125 of the former Criminal Code.

Getting arrested

Judge of Diyarbakir High Criminal Court ruled to arrest Ayetullah AY on November 2, 2004.

Ayetullah Ay was taken into custody

On October 29, 2004, while working as a salesman for a company that sells diet and nutritional supplement products called Herbalife, Ayetullah AY was taken into custody by the Istanbul Anti-Terrorist Police during an operation against the PKK with a fake ID card issued in his cousin’s name.