Constitutional Court finds no violation in case of killed Gezi protester Abdullah Cömert

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The Constitutional Court has rejected an application from the family of Abdullah Cömert, who was killed after being hit in the head by a tear gas cartridge during the 2013 Gezi Park protests.

The family had filed the individual application for the authorities' alleged failure to conduct an effective investigation into Cömert's killing.

In a unanimous decision published in the Official Gazette today (Augut 24), the high court concluded that those reponsible for the killing were found and given proportionate sentences, and found the application inadmissible.

An investigation had been launched after the killing, the evidence had been collected thoroughly and evaluated objectively, and the investigation had been completed within a reasonable period of 9 months and 20 days, the court concluded.

The police officer who fired the gas cartridge, Ahmet Kuş, was sentenced to 6 years, 10 months and 15 days in prison for causing death by conscious negligence, the court noted.

The decision that there was no need for additional prosecution regarding the other officers in the vehicle, the driver, the radio operator and the camera operator, was right, the court stated.

The court verdict regarding Kuş clearly admitted that right to life was violated, and the sentence was proportionate, it further noted.

CLICK - Family of Abdullah Cömert: They don't want us to seek justice

What happened?

Abdullah Cömert was hit in the head by a tear gas cartridge on June 3, 2013, in the southern province of Hatay, and lost his life after being hospitalized.

According to the bill of indictment accepted by Hatay 2nd Heavy Penal Court, police officer Ahmet Kuş stood trial for "causing death by eventual intent" as per Article 81/1 and 21/1 of the Turkish Penal Code.

The case was later transferred to Balıkesir for "security reasons."

Ahmet Kuş was sentenced to 6 years, 10 months and 15 days in prison on November 19, 2018 for "killing by conscious negligence" (Turkish Penal Code Article 85/1) in a retrial by the Balıkesir 2nd Heavy Penal Court.

A previous sentence of 13 years and 4 months by the same court on March 14, 2016 for "killing by exceeding the intention" as per Article 87/4 of the Turkish Penal Code (TCK) was overturned by the Court of Cassation. (HA/VK)