Article 102 continues to gladden some, sadden others

This file photo shows a court session for Tanış brothers. Hürriyet photo

While disputed changes to Article 102 in Turkey's Criminal Procedure Code, or CMK, have resulted in the release of unconvicted suspects in a number of serious crimes, some hardened criminals waiting to be released remain disappointed.
Metin and Ertekin Tanış, sentenced by a local court to life without the possibility of parole seven times over for seven murders, were released Friday because their case could not be resolved before the passing of the five-year limit.
The Tanış brothers killed seven people in January, 2005, including a three-year-old infant.
They were sentenced in 2007, but after the Supreme Court of Appeals revoked the sentence because of a technicality the case was reopened. Judgment was not passed before the passing of the five-year limit and they were released from custody.
However, known mob figures Nuri Ergin and Vedat Ergin’s hopes to be released vanished as their court denied their demands to be released in light of changes to Article 102. The İzmir Court said the Ergin brothers have standing convictions and it is not possible for them to be released only because they have not been convicted over current accusations.
Durmuş Anuçin, who has been on trial since 2002 on five counts of murder, four counts of robbery and one count of rape, has also been denied release.
When Anuçin was apprehended after a shootout with the police, he said: “The police caught me early. I was planning to kill four more people. We shall see each other after [I am] released from jail.”
The Istanbul court hearing Anuçin’s trial said the defendant’s demand to be released was “unreasonable.”