Family of Mustafa Koçak files a criminal complaint for ‘wilful murder’

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The family of Mustafa Koçak, the late prisoner on a death fast, has filed a criminal complaint for "willful murder."

Having gone on a death fast for his right to a fair trial, Koçak was subjected to forced intervention. His medical state deteriorated and he lost his life shortly afterwards. Accordingly, the attorneys of his family have complained against the ones who had responsibility for his death.

The petition to the prosecutor's office has noted that the forced intervention that lasted for four days as of March 12 constituted the crime of torture:

"While he could walk before the forced intervention, he was rendered unable to do so, he could no longer meet his needs and had to sustain his life depending on others. While he could even do sports before, he needed the help of his friends even to use the bathroom. His general condition of health and all vital activities deteriorated. His weight dropped to 30 kilograms.

A medical report issued by Dr. Zeki Gül documenting his deteriorated health condition after the intervention has also been attached to the petition.

In response to his right to a fair trial being restricted, Mustafa Koçak first went on a hunger strike on April 4, 2019 and, then, turned it into a death fast on July 3, 2019. He lost his life on the 296th day of his fast on April 23, 2020. The file of the case where he was put on trial is still being examined by the 16th Penal Chamber of the Court of Cassation.

A decision of non-prosecution was given for the attorneys' complaint about forced intervention and torture. The process of objection is still ongoing.

'76 attempts were made to put on a drip'

The petition submitted to the İstanbul Chief Public Prosecutor's Office has explained the reasons for the criminal complaint as follows:

"While Mustafa Koçak was still on a death fast, he was taken to the Aliağa Şakran Prison Campus Hospital in İzmir on March 12, 2020 and he was subjected to forced intervention there.

"When he was hospitalized, he was conscious and declared that he did not consent to any type of medical intervention whatsoever.

"The act of forced intervention was not stopped, he was tried to be forced fed. His hands and feet were tied to bed with handcuffs (without considering its effects on an extremely thinned body due to hunger). 76 attempts were made to put a drip on him, his body was pierced with drip needles. He was subjected to battery and sexual harassment while he was tied.

"This intervention continued till March 16, 2020 and he was not allowed to meet his attorneys or family in this process. He was isolated for four days and subjected to an intervention against his consent in this process."

The petition has also stressed that "if this forced intervention had not been made, Mustafa Koçak would perhaps have been released and ended his protest that he started for his right to a fair trial."

However, the intervention accelerated the death of Koçak and even caused his death, the petition has read further and indicated that the elements of the crime of "wilful murder" were constituted thereby.

It has been further indicated that failing to process the petitions amid pandemic, the İstanbul 27th Heavy Penal Court board and the 16th Penal Chamber of the Court of Cassation board caused death by negligence.

Life sentence based on witness statements

Taken into custody on September 23, 2017, Mustafa Koçak was sentenced to aggravated life imprisonment based on witness statements.

In the statement of B.E., one of the witnesses, there was the sentence, "He told me at the meatball restaurant, he provided the gun."

C.Y., the other witness, having benefited from effective repentance, was released from prison and left Turkey. In his/her letter to the court from abroad, witness C.Y. has said that "s/he maligned Mustafa Koçak, the statement was taken in torture, s/he was threatened to depose as such and the statements were completely unreal." (AS/SD)