Decision as to Cömert Case: Involuntary Manslaughter, Weapon Not Suitable to Kill

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The reasoned decision as to the lawsuit with regards to Abdullah Cömert who had been killed in Gezi protests in Hatay (March 14) has been issued. Balıkesir 2nd High Criminal Court has identified the gas weapon as a “weapon not suitable to kill”. One judge has voted against.

Judge Turgut Gök has voted against the decision and has noted “I am of the opinion that the nature of the defendant’s crime is not involuntary manslaughter like voted by the majority but willful murder”.

The defendant police officer Ahmet Kuş had been sentenced to 13 years and 4 months of prison over “involuntary manslaughter”. Kuş hadn’t been arrested, judicial control decision had been issued. The judicial control involves only international travel ban.

Court: Can harm, but cannot kill

Hatice Can, the lawyer of Cömert Family has noted as to the decision that the court had accepted that the defendant police officer Ahmet Kuş had acted wilfully yet was convinced that the motive of his action was not killing but injuring.

The court’s definition was as follows:

“The cartridges used in the gas weapons are by nature and structure not substances deadly effects used for defence or attack”.  

Manufacturer firm: Can kill

Opposing the decision of the court identifying the gas weapon as a weapon not suitable to kill, Attorney Can has noted;

“The user’s manual provided by the Brazil-based manufacturer firm Condor included the warning that ‘in case of improper use, the weapon could cause serious damage or death’”.

“The same warning is also read on the manual of the series GL-202 gas cartridge determined to have caused the death of Abdullah Cömert: ’Do not use directly on humans, could be deadly’”.  

Attorney Can has noted that the victim’s family would appeal to the decision.

Court member Judge Turgut Gök who has voted against the decision of the court has identified the Abdullah Cömert being killed as willful murder and has noted that the defendant police officer Kuş had to be arrested. 

(AS/DG)