Police officer sentenced to prison over killing of Festus Okey

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The İstanbul 21st Heavy Penal Court has handed down its ruling regarding the shooting of Festus Okey from Nigeria to death at Beyoğlu Police Department in İstanbul 14 years ago.

Defendant police officer Cengiz Y. has been sentenced to 16 years, 8 months in prison on charge of "deliberate killing."

As reported by Meltem Akyol from daily Evrensel, the 24th hearing of the case which was overturned by the 1st Penal Chamber of the Court of Cassation for the second time was attended by the attorneys of defendant Cengiz Y. and the attorneys of Festus Okey's family.

Journalists not admitted into courtroom

Before the final hearing of the case started yesterday (March 17), the presiding judge did not allow journalists to enter the courtroom, saying, "We don't accept the ones who has no relation to the file." Not admitting journalists into the courtroom, the presiding judge also ordered some attorneys out of the courtroom, saying, "We don't accept anyone other than the attorneys indicated in the last hearing minutes."

Ordering the attorneys out of the courtroom "to get some air because the room was stuffy", he said, "Then, I won't have the hearing, I adjourn it" upon objections. After the attorneys left the courtroom, their requests for "having the door open during the hearing so that the ones could get air and the attorneys could hear" were rejected as well.

Addressing the prosecutor, the presiding judge said that they, as the court board, were evaluating the Constitutional Court ruling and asked the prosecutor whether he wanted to change his final opinion as to the accusations. The prosecutor said that there was no need for a new opinion.

Defendant's attorney Vehbi Kahveci took the floor and alleged that the ruling of "violation of right to life" given by the top court for Festus Okey has shown that the defendant police officer is innocent.

Attorney Kahveci asked the court board, "The ruling says that 'the evidence was not fully collected'. Then, how will you give a sentence?"

Emphasis on Constitutional Court ruling

Olguner Olgun, one of the attorneys for Festus Okey's family, referred to the Constitutional Court ruling of right violation and underlined that the related ruling should be given considerable emphasis:

"The ruling has found a serious violation of right to life, as we have recalled it. First, we have requested that the prosecutor's office and the court board file a criminal complaint against the public officials, except for the defendant of the case, regarding the negligent acts - such as making the shirt disappear, destroying evidence, etc. - committed by them in this process.

"Secondly, we have requested a meticulous inquiry regarding the committal of the incident with racist and discriminatory motives.

"And, lastly, we have demanded that the immaterial element be considered 'eventual intent' rather than 'negligence' so that the defendant police officer will not benefit from impunity, as is also indicated by the prosecutor's opinion as to the accusations and the Constitutional Court."

Prison sentence

Handing down its ruling, the court board has ruled that Cengiz Y. shall be sentenced to 16 years, 8 months in prison for "deliberate killing."

(EMK/SD)