Trial Hearing for Elvan, Killed During Gezi Resistance, Held Without Suspect
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The third hearing in the case of Berkin Elvan, who lost his life after being shot on the head with a gas cartridge during the Gezi protests, was held today (November 16). Police officer F.D., who is the only suspect in the trial, was again not brought to court.
The court had rejected the request to arrest the police officer and to bring him to the trial in the previous two hearings as well.
Police seaching those who wanted to attend the hearing
The Scientific and Technological Research Council of Turkey (TÜBİTAK) has submitted a report to the court regarding the camera recordings taken on the crime scene while Berkin Elvan was shot in the head.
Yet the attorneys representing Elvan's family criticized TÜBİTAK and its report on the grounds that the institution failed to get a clear version of the camera footage.
Observers of the hearing
Gülsüm Elvan, the mother of Berkin Elvan, Sami Elvan, father of Berkin Elvan, Emel Korkmaz, the mother of Ali İsmail Korkmaz who was killed during the Gezi Resistance as well, Sayfi Sarısülük, the mother of Ethem Sarısülük, also killed in the Gezi resistance, İkrar Sarısülük, brother of Ethem Sarısülük, Nuray Meray, the mother of Hasan Ferit Gedik, who was also killed during a protest as well as Republican People's Party (CHP) MPs Ali Haydar Hakverdi and Mahmut Tana lobserved the hearing.
Representatives from Amnesty International also announced that they would attend the hearing and urged to "put an end to the impunity in Turkey".
Suspect not heard due to "technical failure"
In today's hearing that began at 10.30, the court announced that the suspect F.D. was not brought to the hearing and that he would make his statement through the Audio and Visual Information System (SEGBİS).
There was an attempt to connect to the Van Assize Court where the police officer was being held via SEGBİS, but the court took a 15-minute break due to a technical failure in the system. Yet also after the break, the suspect's testimony could not be taken as the "electricity in Van province went out and the technical failure in the SEGBİS system could not be fixed".
The attorneys representing Elvan's family repeated their request that the police officer be brought to the hearing.
The prosecutor of the case also stated that "the hearing should continue with the participation of the suspect".
TÜBİTAK report on camera footage
One of the attorneys of the trial, Can Atalay, said "TÜBİTAK has sharpened other footage and people instead of the ones that belong to the crime scene".
Other attorneys have also criticized that TÜBİTAK has sharpened the images of civilians but not the police officers.
The sharpened images will be sent to criminal laboratories.
Attorney Çiğdem Akbulut, another attorney representing Elvan's family has stated that many attorneys who have worked on Elvan's case have been arrested and could not attend today's hearing.
Court rules suspect will not be arrested, will not be brought to hearing
Before its interim decision, the court has announced that it would grant the parties additional time for examining the TÜBİTAK's report.
Following the break, the court announced its interim decision and rejected the request to arrest the suspect as well as the request to bring the suspect to the hearing.
The next hearing of the trial will be held on December 13, 2017 at 10 a.m.
What happened?
On June 16, 2013, Berkin Elvan was hospitalized due to grave head injuries after the police intervention in Istanbul's Okmeydanı district during the Gezi Resistance. When he was admitted to the Okmeydanı Research Hospital, his heart had reportedly already stopped.
Suffering from brain hemorrhage, Elvan went through at least five surgeries.
On January 5, Elvan turned 15 during his coma. He died on Day 269.
While Istanbul Chief Prosecutor's Office investigated the case, prosecutors allegedly denied to address charges related to "attempted police killing and torture" - a complaint submitted by Elvan's family advocates.
The suspected police officers were being charged with "excessive use of their right to exercise force" according to Turkish Penal Code Article 256/1.
During the investigation, the prosecutor in charge of the case was changed six times.
Upon demand of Prosecutor Faruk Bildirici, the recordings of a camera installed on the riot control vehicle that stood on the corner of the street where Elvan was hit, were examined by an expert from the National Criminal Bureau and an analysis report was added to the file on May 6, 2014.
Upon the demand of Prosecutor İsa Dalgıç, the above mentioned recordings were examined by the Gendarmerie Criminal Laboratory. In the footage, two police officers could be identified and it was confirmed that one of them had caused the Elvan's death.
The investigation was completed on December 7, 2016.
In the indictment Prosecutor İsa Dalıç from İstanbul Chief Public Prosecutor's Office demanded that police officer F.D., who was identified as the only suspect of the case, be tried on the charge of "eventual willful murder".
In the indictment, it was confirmed that the police officers interfered in the protest, the protesters resisted then Berkin Elvan was injured during this police intervention, was taken to hospital and lost his life during his treatment.
The 11-page indictment was accepted by İstanbul 17th Assize Court.
The court decided not to prosecute the 41 police officers who were deposed during the investigation.
In his testimony, the police officer said he "doesn't remember of firing the gas cartridge".
Attorney Oya Aslan representing Elvan family told bianet that a lawsuit was brought against only one police officer on the crime scene, suspect F.D., that he was being tried on the charge of "eventual willful murder" rather than "willful murder", and that the prison sentence he faced, was reduced to 20 years. (AS/DG)
* Photographs: Erhan Tekten – DHA / İstanbul