ABDULLAH CÖMERT CASE
Decision as to Cömert Case: Involuntary Manslaughter, Weapon Not Suitable to Kill
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The reasoned decision as to the lawsuit with regards to Abdullah Cömert who had been killed in Gezi protests in Hatay (March 14) has been issued. Balıkesir 2nd High Criminal Court has identified the gas weapon as a “weapon not suitable to kill”. One judge has voted against.
Judge Turgut Gök has voted against the decision and has noted “I am of the opinion that the nature of the defendant’s crime is not involuntary manslaughter like voted by the majority but willful murder”.
The defendant police officer Ahmet Kuş had been sentenced to 13 years and 4 months of prison over “involuntary manslaughter”. Kuş hadn’t been arrested, judicial control decision had been issued. The judicial control involves only international travel ban.
Court: Can harm, but cannot kill
Hatice Can, the lawyer of Cömert Family has noted as to the decision that the court had accepted that the defendant police officer Ahmet Kuş had acted wilfully yet was convinced that the motive of his action was not killing but injuring.
The court’s definition was as follows:
“The cartridges used in the gas weapons are by nature and structure not substances deadly effects used for defence or attack”.
Manufacturer firm: Can kill
Opposing the decision of the court identifying the gas weapon as a weapon not suitable to kill, Attorney Can has noted;
“The user’s manual provided by the Brazil-based manufacturer firm Condor included the warning that ‘in case of improper use, the weapon could cause serious damage or death’”.
“The same warning is also read on the manual of the series GL-202 gas cartridge determined to have caused the death of Abdullah Cömert: ’Do not use directly on humans, could be deadly’”.
Attorney Can has noted that the victim’s family would appeal to the decision.
Court member Judge Turgut Gök who has voted against the decision of the court has identified the Abdullah Cömert being killed as willful murder and has noted that the defendant police officer Kuş had to be arrested.
What had happened? |
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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. |
(AS/DG)