Transfer Of Criminal Case To Another High Criminal Court – Transfer Of Case On Grounds Of Public Security
T.C. Court of Cassation 5th Criminal Chamber Main No: 2015/4128 Decision No: 2015/7594 K. Date: 25.2.2015
Defendant K… Ç… for manslaughter with probable intent, wounding with probable intent and with a weapon, violation of Law No. 6136 and threat, the other defendants A… T…, A… K…, Ö… E…, A… Ç…, O… E…, Ö… E.., E.. E.., M.. T., I.. E… and A… K… for the crimes of threatening the public case numbered 2014/150, which is being seen in Tunceli Assize Court, was sent to our Chamber with the letter of the Ministry of Justice General Directorate of Criminal Affairs dated 17/02/2015 and numbered 75723908-104-0017-2015-435/11067 and the attached documents were examined and considered by the letter of the Chief Public Prosecutor of the Court of Cassation dated 24/02/2015 and numbered ND- 2015/66860, containing the request for transfer to another place Assize Court on the grounds of public security pursuant to Article 19/2 of the Criminal Code:
In the letter of Tunceli Governorship dated 28/01/2015 and numbered 40426338-530-467; that the first hearing was held on 05/12/2014 at Tunceli High Criminal Court, that the necessary security measures were taken by the Provincial Security Directorate Public Security Branch Directorate regarding the case in question, that approximately 30 people attended the hearing, that in the first hearing the arrested defendant K…. Ç.. ‘s hearing by the court committee via teleconference via UYAP, that there was no negative situation between the parties participating in the case, that it was evaluated that there would not be any negative situation if the named defendant participated in other hearings via teleconference, but that if the arrested defendant participated in the hearing in person, there was a possibility of a social incident during the trial, taking into account the sectarian differences between the parties, the demographic structure of Tunceli province and the experiences gained from previous incidents, in this framework, it was stated that if the testimony of the arrested defendant is taken by teleconference method in the ongoing hearings, there will not be any negativity, but if the defendant physically attends the hearings (such as killing, kidnapping, riots or social incidents during the transportation of the defendant from the prison to the courthouse), unfortunate incidents that may violate public security may occur, and therefore it would be appropriate to transfer the case,
In the letter of the Tunceli Chief Public Prosecutor’s Office dated 29/01/2015 and numbered B.M. 2014/1830; Considering the opinion of the Governor’s Office that the transfer of the case would be appropriate due to public security, in accordance with Article 19/2 of the Code of Criminal Procedure, the transfer of the case registered in the Tunceli Heavy Criminal Court registered under the number 2014/150 to another court due to public security would be appropriate. In accordance with the article 2014/150 of the Tunceli Assize Court, it was stated that it would be appropriate to transfer the case registered in the 2014/150 Main of the Tunceli Assize Court to another court due to public security, but in the investigation made by considering that it was reported that there was no reason for the transfer of the case being seen over the file in question due to public security in the report dated 29/12/2014 and numbered the same;
The transfer of the case due to public security is regulated in Article 19/2 of the Criminal Procedure Code, and the procedures to be carried out in case the transfer of the case is requested due to public security are explained with the circular of the Ministry of Justice General Directorate of Criminal Affairs dated 01/01/2006 and numbered 19,
The Governorate’s letter does not contain any negativity in taking precautions and ensuring security in the case, the first hearing of the case foreseen to be transferred was held in Tunceli province, the defense of the arrested defendant was recorded via Audio and Video Informatics System (SEGBİS), Articles 147/1-h and 196/4 of the Code of Criminal Procedure allow for this situation. Articles 147/1-h and 196/4 of the Code of Criminal Procedure allow for this situation, many of the defendants, victims and witnesses were heard, there were no negative incidents at this stage, and it was not foreseen in the Governorate’s letter that there would be an incident related to the trial of this case, the court did not have a request for transfer, and the current case is the stage of the trial, Considering the interim decision and procedures envisaged and considering the economy of the case and the principle of natural judge, and considering that there is no serious, imminent and public safety endangering situation in the sense sought by the law, and considering the possibilities of the Tunceli province security forces to prevent possible incidents together, the conditions for the transfer of the case stipulated by Article 19/2 of the Criminal Procedure Code do not exist in the concrete case. For the reasons explained, the request of the Ministry of Justice General Directorate of Criminal Affairs regarding the transfer of the public case registered in the 2014/150 Case of Tunceli Assize Court to another place Assize Court was rejected, and the file was referred to the Chief Public Prosecutor’s Office of the Court of Cassation to be sent to the district for the subsequent procedures to be appreciated and executed by the court, and it was unanimously decided on 25/02/2015.