Police officer Ahmet Kuş, who was retried for having killed Abdullah Cömert with a pepper gas cartridge in Hatay during Gezi Resistance in 2013, has been sentenced to 6 years, 10 months and 15 days in prison on charge of "killing by conscious negligence."
Speaking to bianet about the verdict, the attorney of Cömert family Hatice Can has said, "It is a ruling that will betray the trust of the public and the family in justice; we will go for an appeal."
The Balıkesir 2nd Heavy Penal Court announced its verdict on March 14, 2016 and sentenced police officer Ahmet Kuş to 13 years and 4 months in prison on charge of "involuntary killing." After the 1st Penal Chamber of the Supreme Court of Appeals reversed the related ruling, the case was heard by the same court and the verdict was announced today (November 19).
Defendant has not been arrested again
Attorney Can has summarized the judicial process as follows:
"From the very beginning of the court case, we have been stating that the charge of 'eventual intent' is not sufficient and the defendant should be penalized on charge of 'intentional killing'. In fact, the Prosecutor's Office in the first trial announced this opinion as well.
"However, while the case was heard for the first time, the court did not consider the pepper gas spray to be 'fatal' and sentenced the defendant to 13 years and 4 months in prison on charge of 'involuntary killing'. Both the prosecutor of the hearing and we, as the attorneys of Cömert family, appealed the verdict against the defendant.
"The Supreme Court of Appeal, Chief Public Prosecutor's Office defined the offense as 'conscious negligence' and the Supreme Court reversed the ruling based on this definition.
"After the previous ruling was reversed by the Supreme Court of Appeals, the court has penalized the defendant on charge of 'conscious negligence'. Though it is the highest penalty that can be given on this charge, the court has not ruled for the arrest of the defendant."
Attorney Hatice Can has added that they will go for an appeal.
The investigation regarding Abdullah Cömert, hit by a tear gas canister during Gezi Park events on 3 June 2013 and lost his life after being hospitalized, have been concluded on 14 April 2014.
According to the bill of indictment accepted by Hatay 2nd High Criminal Court, the police officer Ahmet Kuş is being tried on the grounds of Article 81/1 and 21/1 of Turkish Penal Code which rule "killing with eventual intent".
The first hearing of the case was held on 4 July in Hatay 2nd High Criminal Court.
However, before the first hearing, the lawyer representing suspect Kuş applied for the case to be transferred to another city.
Hatice Can, lawyer representing Cömert, has explained that the right to a fair trial is violated.
However, the objection made by lawyer Can was not taken into consideration and the case was transferred to Balıkesir 2nd High Criminal Court with a decision by Penal Department No. 5 of the Supreme Court.
The case is seen in Balıkesir, the witnesses and Cömert family will attend the court hearing from Hatay and the suspect police officer Ahmet Kuş will attend from Mersin. The request for the arrest of Kuş, however, has been rejected.
Related bianet News
ABDULLAH CÖMERT CASE Decision as to Cömert Case: Involuntary Manslaughter, Weapon Not Suitable to Kill 05 April 2016The court in its reasoned decision as to the lawsuit with regards to ...
Police Shooting Abdullah Cömert Sentenced to Prison 14 March 2016Police officer Ahmet Kuş causing death of Abdullah Cömert by shooting him with ...
Police Charged With 25 Years For Killing Abdullah Cömert 15 April 2014Prosecutors completed the indictment concerning the death of Abdullah Cömert, a Gezi Resistance ...
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