Non-Pecuniary Damages for Police Attack at Funeral of Berkin Elvan

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The Constitutional Court has announced its ruling on Hasan Fırat, who was wounded during the police attack at the funeral of Berkin Elvan, who lost his life at the age of 15 after being shot with a tear gas canister during Gezi Park protests in İstanbul in 2013.

The Constitutional Court has concluded that the prohibition of ill treatment has been violated and ruled that Hasan Fırat shall be paid 10,000 Turkish Lira (TRY) in non-pecuniary damages.

The verdict of the Court has indicated that the prosecutor's office did not collect all evidence while conducting the investigation against the police officers who intervened against the people attending the funeral.

"While [the prosecutor's office] should have taken the necessary measures to obtain and keep all video footages captured by cameras of the houses and offices owned by public institutions and private persons, Mobile Electronic System Integration (MOBESE), Urban Security Management System (KYGS) and Anti-Riot Water Cannon Vehicles (TOMA), it avoided doing so", the Constitutional Court has underlined in its verdict.

'Investigation conducted faultily and imprecisely'

The Constitutional Court has also concluded that the investigation launched against police officers on charge of violating prohibition of ill treatment was not conducted in an independent and impartial manner:

"That fact that the decision of non-prosecution given for the incident - the accuracy of which was not supported by other evidence - was based on the minutes taken down by the potential suspects of the incident and the report prepared by the Department of Inspection Board affiliated with the Directorate General of Security has called the independence and impartiality of the investigation into question."

Indicating that the prosecutor's office did not take all the necessary steps to uncover the cause of the incident and did not conduct the investigation precisely, the Constitutional Court has concluded that the conditions of the alleged ill treatment could not be determined for that reason.

Court: Police attacked without any warnings

Hasan Fırat attended the funeral ceremony of Berkin Elvan in Feriköy Cemetery in Okmeydanı, İstanbul. Afterwards, the group attempting to march towards Taksim Square were attacked by the police with pressurized water, tear gas and plastic bullets. In its judgement, the Constitutional Court has indicated that "the police attacked without making any warnings beforehand."

Fırat was among the ones cornered in Osmanbey Subway Station and he was wounded in his back, head and leg. Unable to remember when he fell on the ground, Fırat was taken to a hospital by two university students.

The report prepared by the Haydarpaşa Numune Training and Research Hospital documented that he was hit by plastic bullets in many parts of his body and listed the exact parts where he was struck by the bullets.

'Some people might have been injured in commotion'

Based on the report that he received from the Forensic Medicine Institute, Fırat filed a criminal complaint against the then Prime Minister, Minister of Interior, Director General of Security, Governor of İstanbul and Provincial Director of Security of İstanbul as well as the police officer who intervened against the group with gas bombs and pressurized water in TOMAs and the ones using tear gas and plastic bullets on people.

After the Prosecutor's Office sent an official letter to the İstanbul Provincial Directorate of Security, a disciplinary investigation was launched. Twenty police officers and commanders deposed as part of the investigation. Defending themselves, police officers said that they intervened against the group as they threw stones at the police.

"Measures were taken to avoid injuries, but there were the ones who fell on the ground and stepped on each other in that commotion. Some people might have been wounded in the commotion", police officers also said.

Security Directorate: Police acted with common sense

The disciplinary investigation was revoked on the ground that the police officers in question "acted with common sense, intervened against the group that marched and demonstrated in an unlawful manner by using the authority granted to them by the law and there were no faults on their part."

The prosecutor's office also gave a decision of non-prosecution. In the "suspects" part of the investigation, "the related law enforcement officers" were written, rather than the names of the officers in question.

The investigation conducted by the prosecutor's office against the then Prime Minister, Minister of Interior, Director General of Security and Governor of İstanbul and İstanbul Provincial Director of Security also resulted in a decision of non-prosecution.

The appeals of Hasan Fırat against these two decisions of non-prosecution were rejected by the İstanbul 3rd Penal Judgeship of Peace and İstanbul 9th Judgeship of Peace. That being the case, Fırat made an individual application to the Constitutional Court.

Police officers will not stand trial

The detailed judgement of the Constitutional Court was announced today (December 10). Accordingly, the Court has concluded that the prohibition of ill treatment as per the Article 17/3 of the Constitution has been violated and ruled that Fırat shall be paid 10,000 TRY in non-pecuniary damages. However, no verdict of re-trial has been given for the police officers. (AS/SD)