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It was one year after the Gezi Park protests. Erdal İmrek, an editor of the Evrensel daily newspaper was going to report a demonstration that the Taksim Solidarity Platform was organizing on May 31, 2014, on the first anniversary of the Gezi protests.
However, the police did not allow the journalists to take any images, or make any recordings.
İmrek was subjected to police violence here, he was battered. One officer slapped him in the face and another kicked him while they were to have him handcuffed. And yet another police officer who was carrying a tear gas cylinder punched him on the jaw and sprayed tear gas on his face. İmrek was not taken into custody, he was released half an hour later.
İmrek went to the prosecutor's office the same day and made a complaint. He was given a medical report showing he was injured as a result of the police violence. The prosecutor's office requested from the police headquarters the related information, documents, and recordings. However, for a long period of time, the police did not respond to the request.
The prosecutor's office identified deputy police chief İbrahim Halil Y., and police officers Faruk T., and Sinan K. from the recordings.
Even so, the prosecutor's office decided that the police officers had not exceeded the limits of their right to use force. On November 20, 2014, the prosecutor's office ruled for nonsuit; and the complainant was not able to get any results in his objection process which lasted two and a half years.
Constitutional Court reverses nonsuit decision
However, the Constitutional Court (AYM) ruled differently and got the final say. The supreme court decided that the ban of treatment incompatible with human dignity guaranteed by Article 17 of the Constitution, freedom of expression guaranteed by Article 26, and freedom of the press guaranteed by Article 28 had been violated in İmrek's case.
AYM has ruled that the investigation should be renewed and a trial should be held. The court also decided that İmrek should be given 27 thousand lira in compensation.
Carrying out a new investigation, the prosecutor's office sent the police officers to the court charging them of bodily harm and violation of the freedom of work.
The case started to be heard at the 60th Penal Court of First Instance but the court took a decision of nonjurisdiction because the action of the officers constituted torture according to the Constitutional Court decision. The file was sent to the heavy penal court.
The hearing
The trial started yesterday (May 25) finally nine years after the incident. The first hearing was held at the İstanbul 60th Heavy Penal Court. Faruk T. was the only suspect who participated in the hearing.
He told the court, "That was the anniversary of the Gezi incidents. The entrances to Taksim Square were prevented. We were in front of the Galatasaray Highschool. Our superior ordered us not to allow anyone in, and that all people should be swept. There was a brawl, our superior got stuck in. Our commissioner İbrahim Halil Y. wanted us to intervene. And my superior instructed us to take Erdal İmrek under custody. We took him, me holding him by one arm and Sinan K. by his other arm. Then we left him."
Replying to a question Faruk K. also said that he did not spray the pepper gas, he was not authorized to use the pepper gas that day, and that some other officer should have done it.
Faruk T. requested the court to drop the case stating that 9 years have passed since the event.
After pleadings and testimonies, the hearing was complete. The court decided that Sinan K. would be excluded from the hearings. A warrant was issued for the arrest of İbrahim Halil Y. The next hearing will be held on November 17. (HA/PE)
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