A 14-year-old man has been charged in the Chagliansarit district of Kahramanmaras for allegedly sexually abusing his cousin’s daughter. It is claimed that the child was born and died on the same day. Mustafa B., who worked as a porter in Sanliurfa and was on vacation, was brought to the court where he was sentenced to 12 years and 6 months in prison.
Mostafa B., who had been on the run for 4 years, was caught in 2012 and was in prison. Mustafa B’s lawyer, Serpil Yavasoglu, closed the case and confirmed that the father of the child who died after his birth was not Mustafa B. DNA tests proved he was innocent in every court. That he has been acquitted.
“I learned everything when I was caught.”
Mostafa B. describes his experience. “In 2008, I was a porter in Sanliurfa. I came to the Çağlayancerit district 2 days before the holidays. My father said, ‘Boy, you go back, let’s show you these medical documents.’ I went to the mayor’s office with my father, and at that moment I saw two white policemen in the headman’s office asking me about it. They took me to the police station. They asked me this question at the police station. I didn’t say it either. I said I had never seen such a job (crime). Says
“I slept for 45 months and they took me out because they said ‘sorry’.”
Wherever he went, they questioned him as if he had committed a crime. Says:
“There, the prosecutor asked again. I did not answer again. Because I didn’t. A state-appointed lawyer entered my defense. When it was suspected that the incident had taken place, I was sentenced to 21 days and went to Aksu prison. I slept there for 21 days. After 21 days, they are raising the age of the girl and I am out of jail. They took the file from Pazarcık and gave Kahramanmaras a second heavy sentence in court. I am not aware of any such incident.
I do not even know that the case has been withdrawn from Pazarcık. Then I learned that my case was subject to severe punishment. Okay, I said, since I trusted the lawyer, I didn’t go to court. I went to Adana to pick cotton for post trial work. Every year after the court day I want to come and enter the court, my lawyer said again, you do not need to enter.
I come to the decision court, meanwhile, my lawyer, whom I have hired as a backup, says, ‘there is no need for him to come’. Brothers enter the judgment court. However, while I was in Mersin, they called me and told me that I had been sentenced to 12 years and 6 months in prison. I was arrested after four years on the run. I wanted a new lawyer. Mrs. Spiral came. “Then I will ask you to do this DNA test,” he said. “We will test the baby’s DNA,” he said. I said ok sir get out. It was quite a process. After trying, the result came. According to DNA, the child has a mother but no father. I asked for a DNA test because I was confident. I was in prison for 45 months and they took me out to apologize. “
“It was a very serious crime.”
Noting that MB was inside when the case came to him, lawyer Spiral Yavasoglu said:
“My client has maintained his conviction with a specific sentence of 12 years and 6 months imprisonment as a result of the sexual abuse investigation that started in 2008. He was in prison during the process, which was also finalized by the Supreme Court. He was executing in prison. I had no legal contact with the client. I was not his lawyer. Many of our colleagues used their right of representation in the file as an attorney. When it came to me, the file was now finalized and the execution began.
“Supreme Court upholds verdict”
“It was a felony sexual assault, and now the Supreme Court has reaffirmed that this crime happened, with a decision approving it.” Wildoglu says:
“As part of the file, the victim gave birth during the trial and a baby was born. But the baby died the day he was born. Since there is no request from the parties’ attorneys in the trial file, obviously, the court does not take into account such things and the DNA test is not done. There is still a baby in the middle. Mustafa never confessed to the crime and said that he had never committed such a sexual assault, that he was a victim and that he had been unjustly imprisoned on such charges. The victim also has a truth, there a child is born. In the end, the DNA test of this child will reveal the truth whether Mostafa was the father of this child. We made a request. We had a hard time. We made a request to the Institute of Forensic Medicine for a blood sample so that the child’s DNA could be compared to that of Mostafa in prison. The samples were collected and sent to the Forensic Medicine Institute. And the very good news has come that will change the course of the whole trial. Because as a result of DNA test, Mostafa is not the father of 99.9 percent children. I have not worked alone in a business follow-up where your applications will be made to any authority and under what conditions the legal process of the judicial process will be prepared. Of course, my colleagues have helped me a lot in this regard. It was the effort of the whole team. They set their hearts. They believed, and we believed together, we fought and we won. “