Metin Lokumcu case: Decision of lack of jurisdiction

* Photo: Caner Odabaş - "Justice for Metin Lokumcu"

Click to read the article in Turkish

The trial over the death of retired teacher Metin Lokumcu continued at the Trabzon 2nd Penal Court of First Instance yesterday (June 28).

In line with the requests of the Lokumcu family's attorneys and the prosecutor, the court board has given a decision of lack of jurisdiction. 

Nearly 10 years ago, on May 31, 2011, police officers intervened in a protest demonstration in Hopa, Artvin before the rally of the then Prime Minister Recep Tayyip Erdoğan. Affected by the pepper gas, Metin Lokumcu had a heart attack and lost his life at the hospital.

In the trial over Metin Lokumcu's death in Hopa, 13 police officers are facing the charge of "reckless killing."

CLICK - Request for recusal in Metin Lokumcu case

At the first hearing of the trial on April 12, the Lokumcu Family's attorney requested recusal; but this request was rejected.

The second hearing yesterday was followed by main opposition Republican People's Party (CHP) Vice Chair Gülizar Biçer Karaca, Workers' Party of Turkey (TİP) Vice Chair and Hatay MP Ali Atay, former CHP MP Yüksel Çorbacıoğlu, CHP's Sevgi Kılıç, CHP Disciplinary Board member Doğuşcan Aydın Aygün, Alper Taş from the Left Party, labor and democracy platforms from Hopa, Rize and Trabzon and lawyers from the Bar Associations of İzmir, Ankara, Diyarbakır, İstanbul, Antep and Batman. The hearing was also attended by Lokumcu's spouse, son and siblings.

The attorney of the defendants took the floor first at the hearing. Indicating that there were no concrete offenses charged against the defendants, the attorney requested the defendants' acquittal and the exemption of three defendants from attending the hearings.

Requests for decision of non-jurisdiction

Afterwards, Nagihan Bulduk, the attorney of the Lokumcu Family, took the floor, reminding the court about their requests for a decision of lack of jurisdiction (foreign plea) that they raised at the previous hearing.

Bulduk said:

"Teacher Metin attended the press statement, that statement was attacked with pepper gas and Metin Lokumcu lost his life.

"Too much gas was used in Hopa that day. There is information about this in the file. While the entire city was filled with gas, we cannot say that Metin Lokumcu was not affected by it.

"Scientific studies also say that the gas could have deadly consequences. Teacher Metin was subjected to the gas for a very long time. We submitted scientific works and reports about this.

"Those reports openly talk about this scientific data. There are so many losses of life due to the use of chemical gases in Turkey. We also presented a report on this. There are police officers who committed a crime with eventual intent and knew the consequences of what they did."

Afterwards, Oya Meriç Eyüboğlu, another attorney for the Lokumcu family, took the floor and briefly said the following:

If you give a decision of lack of jurisdiction, the case will go to the Heavy Penal (High Criminal) Court. The Forensic Medical report also draws attention to the use of gas, it says the cause of death. In that sense, there is no need for new evidence. That day, too many people were affected by this gas. There were those who were hospitalized. It shows us that the use of gas is unlawful. We demand that your court withdraw from the case and send it to the Heavy Penal Court.

Witness: They shot at the people

Following the recess, witness Kamil Ustabaş was heard. Ustabaş briefly stated the following in his witness statement:

"We were there, There was an attack with pepper gas. There were many more law enforcement officers than usual in Hopa that day. It was perhaps 10-15 times more than usual. And we wanted to make a press statement at that square on that day.

"So much gas was sprayed and people ran, fearing for their lives. After the ones who gathered at the square were targeted with gas and water, the ones who were around were also hit with gas and water.

"There was a pepper gas attack on the people who took shelter in the shops. The roof of one of the shops started burning. The people of Hopa went up to the roof and put out the fire. Hopa was under a gas cloud. I don't know who led the ones that sprayed the gas and attacked people with bludgeons; but the executives were saying, 'We will sweep away Hopa.'

"Those who went to the hospital to learn about teacher Metin's condition were attacked with bullets.

"They apparently came there with the mindset of taking over the city. Several people could have died. The reason why it did not happen was that shopkeepers locked the doors, seting up barricades behind them."

The Judge asked the witness, "What was the position of Metin Lokumcu during these incidents?" Kamil Ustabaş answered, "I saw Metin Lokumcu. I saw him right before the incidents started."

Afterwards, Recep Demirci was heard as a witness. He said:

I went to the hospital after I heard that Lokumcu was dead. There was heavy gunfire... There was an attack on the people. They were provoking people with insults... Then, the gendarmerie intervened and a great massacre was prevented from unfolding.

Ali Rıza Özgenç also gave a similar witness statement.

The attorneys requested that the file be sent to the heavy penal court and the defendants be brought to the court.

The prosecutor of the hearing also demanded that the case file be sent to the Heavy Penal Court. The court board said, "Considering the evidence, it exceeds our jurisdiction" and gave a decision of lack of jurisdiction. The decision was welcomed by the audience with applause.

What happened?

Retired teacher Metin Lokumcu lost his life after having a heart attack as he was affected by the pepper gas used by the police and the blows he received during the incidents that occured during and after the rally of the then PM Recep Tayyip Erdoğan in Hopa, Artvin on May 31, 2011.

On the day of the incident, Lokumcu stood in front of the police with his hands behind his back, calling out to the police, "Come on, take me and save the country." This picture was then reported in the press.

70 people were detained as part of the investigation into the incidents and 16 of the detained were arrested. These persons were released afterwards.

Following Lokumcu's death, the then Prime Minister Erdoğan talked about him at the publicity meeting of the "Turkey is Ready, Target is 2023" project in İstanbul. "And, in the meantime, one of them had a heart attack... I don't know his identity... But I don't feel the need to dwell on it... He has died of a heart attack," said Erdoğan about Lokumcu.

Case transferred to Trabzon

Upon the request of the local court in Hopa, the 5th Penal Chamber of the Court of Cassation gave a decision on December 21, 2020 and ruled that the trial over the death of Metin Lokumcu should be transferred to the Trabzon Penal Court of First Instance "for security reasons."

In the justification of this decision, the Court of Cassation referred to the "possibility that social incidents and provocation might arise."

The 5th Penal Chamber of the Court of Cassation transferred the case to Trabzon as it came to the conclusions that "social incidents might erupt and the parties might face serious threats even when security measures were taken, which might lead to a failure to hold the trial in an orderly manner and pose a clear and imminent danger to public security." (EMK/SD)