The case regarding the removal and throwing of the cross on the door of the Kuzguncuk Surp Krikor Lusavorich Church was decided. It was decided that the prison sentence of 1 year and 4 months given to Mazlum Serin, the accused who threw the cross, was annulled and there was no reason to be sentenced on the grounds that the accused was not mentally stable at the time of the incident. The accused will be treated in a health institution.
At the hearing held at the Istanbul Anatolian 64th Criminal Court of First Instance on April 12, the court ruled that the accused Mazlum Serin did not have any criminal responsibility for the crime he committed on the date of the action, and since it was understood that he was mentally ill, “It decided that there is no room for imposing a penalty on the accused in accordance with Articles 32/1 of the TCK no. 5237 and 223/3-a of the CMK no. 5271”.
Due to the fact that the defendant has a mental illness, the court decided that he should be subject to security measures for protection and treatment in accordance with Article 57/1 of the TCK, and that he should be taken under protection and treatment in a high-security health institution.
The court decided that if it is stated in the report to be prepared by the health board of the institution where the accused is placed, that his dangerousness for the society is eliminated or significantly reduced, he can be released.
In the trial held on 14 July 2020, the defendant was sentenced to 1 year and 4 months in prison for “damaging places of worship and cemeteries”. Considering the qualification and nature of the crime charged on the accused, his release was ordered.
After the incident, the mother of the accused Serin claimed that her son’s mental faculties were not in the right place as of the date of the incident and requested a retrial. Evaluating the request, Istanbul Anatolian 64th Criminal Court of First Instance decided that the request for a retrial was worthy of acceptance, with the Supplementary Decision dated 24/12/2021. (Agos)
