IMPUNITY IN KEMAL KURKUT CASE

Appeals court overturns compensation for man shot dead by police

University student Kemal Kurkut was an "aggressive protester" and his killing was "within legal limits," the appeals court has concluded.

İstanbul

Appeals court overturns compensation for man shot dead by police

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An appeals court has overturned a ruling that the Ministry of Interior should pay compensation to the family of Kemal Kurkut, who was shot dead by police during the 2017 Newroz celebrations in the Kurdish-majority province of Diyarbakır.

In the criminal case, the Diyarbakır 7th Heavy Penal Court had acquitted police officer Y.Ş., who had shot Kurkut.

Kurtkut's family had filed a lawsuit against the Ministry of Interior for "neglect of duty."

The Diyarbakır 3rd Administrative Court had concluded that the ministry was "responsible and culpable" and ordered it to pay 256,000 lira (~18,500 US dollars) to the family for material and immaterial damages.

The 3rd Administrative Case Chamber of the Gaziantep Regional Court of Justice (appeals court) overturned the ruling, concluding that Kurkut's killing was "within legal limits."

The attorney of the Kurkut family, Serdar Çelebi, said, "[The appeals court] said, so to speak, Kemal Kurkut deserved this and rejected the case altogether," Mesopotamia Agency (MA) reported.

Dismissal from the profession

In its ruling, the appeals court cited the Diyarbakır 7th Heavy Penal Court's verdict of acquittal and the verdict to re-investigate all the police officers who were at the scene.

The appeals court ruling also revealed that police officer O.M., who testified as a suspect in the investigation phase, had been dismissed from the profession by the Diyarbakır Provincial Police Disciplinary Board on January 25, 2019.

After appeals, the Diyarbakır 2nd Administrative Court overturned the disciplinary decision to dismiss two police officers, the court said.

"Killed within legal limits"

The appeals court concluded that Kurkut's killing "remained within legal limits," citing Law No. 2559 on Police Powers and a 2017 circular by the Ministry of Interior, which authorized police officers to "use weapons without hesitance if conditions arise."

"The authority to use force and weapons is clearly explained in the laws," said the circular in question. "Weapons will not be used unless necessary and the conditions are met, there will be no hesitation to use weapons properly when the conditions arise, but our personnel will not fire into the air without pointing at a target and in a way that may cause chaos."

"Aggression"

The appeals court also claimed that Kurkut was an "aggressive protester" as he had procured a long knife from a butcher near the Newroz celebration area.

As he had not complied with warnings by police officers, conditions to use weapons had arisen, the court concluded.

There was no negligence in the security services, hence the Diyarbakır 3rd Administrative Court's decision was against the law, it stated.

What happened?

University student Kemal Kurkut was shot dead by the police at the security checkpoint on Evrim Alataş street near Newroz Park in Diyarbakır on March 21, 2017.

In the photos taken at the incident time, Kurkut was seen bare-chested quarreling with police at the checkpoint and starting to run passing through the checkpoint. Some police officers fired in the air, some fired on him.

Dihaber reported that Kemal Kurkut was shot despite a police chief ordering "Don't shoot". Diyarbakır Governor's Office declared that Kurkut had a knife in his hand, he was "suspected to be a suicide attacker", and an investigation has been launched into the incident.

Born in Adıyaman, Kurkut was a student at İnönü University Fine Arts Faculty Department of Music. His funeral was held on March 22 in Battalgazi district of Malatya province.

(AS/VK)