Alpmighty..now that they have him..what is the legal process in Turkey? What rights does he have, like here in the Usa once you have been read your rights you don't have to talk without consulting a lawyer first. Then your trial or plea bargain. How long does it normally take to go to trial there and do they offer plea bargains there? Thanks ahead of time!
Plea bargains as they occur in the United States are rare, if not virtually non existent in Turkey. I'm not an expert in Turkish criminal law, but most likely that is so because there are no juries in Turkish courts. Both judgement and sentencing is handled by the judge(s). Instead, if one is looking for leniency in sentencing, cooperation and being straightforward are much more sought after.
If you noticed, the videos of Ziya talking were shot in Syria before he was turned over to the LE custody. Naturally we too utilize Miranda Laws in Turkey, if the suspect does not wish to talk, he can choose not to talk or he can choose to talk after consulting with his legal representative.
If Ziya is unable to obtain for himself legal representation for any reason, he will be granted legal presentation pro bono by the district bar association in which he will be tried (Istanbul) per Turkish law.
But I don't think Ziya will choose not to talk during questioning and trials, in fact, I guess he will sing like a bird as the case that LE built against him seems very strong and substantiated in evidence. (Good DNA match, and he already appears to have confessed) His cooperation and confession may land him a more lenient sentence from the judge that will try him. While sentencing is done according to the established guidelines, leniency will be at the discretion of the judge that will preside over the trials. The judge may, for instance, choose to sentence him to say, 20 years instead of for life (most one can get for murder) if he cooperates. Of course more variables will have to be considered, as the Turkish criminal law is dictates imprisonment for life especially if the murder is determined to be premeditated. However, I doubt the court will reach that conclusion, as this appears to be a murder that was not premeditated so far.
He can, of course, plead insanity. In that case, he will be assessed by a panel of experts. If he is found legitimately insane, since he appears to have committed murder, he will be confined to an asylum for the foreseeable future, pending treatment. But I do not have much faith in that happening, as he evaded apprehension so far, clearly by choice and calculation and I assume that will preclude any claim of insanity on his part.
As for what sentencing he may receive if he's found guilty, depending on the circumstances that will be determined by the court which will try him, it is difficult for me to make a good estimate as I'm not a criminal law attorney by profession. Premeditation, established intent and being under the influence will greatly effect his sentencing if found guilty of murder. If the court concludes Ziya intended to kill SS, however did not premeditate it, he will be looking at 15-20 years of prison time at least. If the court finds no indication of intent to murder or premeditation, minimum he will receive is three years of prison time, but it's highly unlikely that will be the case, because there is no convenient way of claiming one did not intend to inflict injury or commit murder by causing blunt force trauma to the head with a heavy object. Such light sentences are given for the cases which are called murder through imprudence. A good example would be a driver speeding and ending up hitting and killing a pedestrian. If premeditation is established, then he will serve in prison for life, as a life sentence is dictated by Turkish law for premeditated murder. But so far from what has been made public, I do not see any indication of premeditated murder as Ziya did not know SS before at all nor did he have any previous correspondence with her. Of course there are more criminal acts that will be considered; intend to rape and stealing are the ones that come to my mind. We will know more when the prosecution presents the case to the court as it will most likely be publicized if the court does not issue a gag order regarding to the trial and I see no reason or basis for a gag order. But of course, I can safely assume that the prosecution will go all the way in, it will most likely be claimed that Ziya intended to rape or mug her and ended up killing her in the process, and the court will consider those points based on available evidence and Ziya's own account. All in all, I can say Ziya is looking at serving at least 15 to 20 years in prison and more depending on the other circumstances that I could think of and wrote here.
Considering his age and his previous life as a derelict who abused substances such as thinner, which I assume might cause poor health and lower life expectancy, I do not think Ziya will be a free man ever again. He will most likely spend the rest of his life in prison until the day he passes away. Add to that the fact that even among the criminals, ones who committed crimes against women (with the exception of rural honor killings) are the lowest caste and he will not be very popular if he gets in prison among other convicts.
May God forgive Ziya's soul for the murder of Sarai he appears to have committed, because surely Turkish justice will not forgive him or let him get off easy. And may those who Sarai left behind be relieved, for justice will be served against this man, who appears to have taken the life of a guest, a mother, a wife and a brave and a noble woman in my country. And finally, may Sarai's blessed soul rest in peace now through eternity.
