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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."
What happened?Festus Okey, who had been living in İstanbul to be a football player, was shot dead by the police at Beyoğlu District Police Department on August 20, 2007. A lawsuit was filed against Cengiz Yıldız, the officer who shot Festus Okey, at the Beyoğlu 4th Penal Court of First Instance. According to a document in the case file, the police record regarding the incident was also written by Yıldız and his colleagues. The record was put in the file as evidence. The Penal Court of Peace confiscated the gun that was used to shoot Okey. Yıldız requested his weapon to be returned. His request was granted. The officer was also not suspended from duty and continued to get full salary. The shirt that Okey was wearing when the incident took place, which was an important evidence to determine the angle and distance of the gunshot, disappeared. In the 16th hearing of the case, which was held on December 13, 2011, Cengiz Yıldız was sentenced to 4 years and 2 months in prison for causing death by negligence. The Chief Public Prosecutor's Office of the Supreme Court of Appeals expressed its opinion on January 17, 2013, suggesting the verdict of the lower court to be overruled and Yıldız to be charged with 20 years in prison. Supreme Court of Appeals 1st Penal Chamber overruled the verdict on the ground that Tochukwu Gameliah Ogu's biological relation to the victim should be investigated and his application to intervene in the case should be ruled on. The file was moved to the Supreme Court General Penal Committee. The Committee overruled the verdict which dismissed Ogu's application to intervene in the case and the application should be ruled on after his credentials and the DNA report are obtained. In the committee's verdict, it was stated that the court did not conduct a sufficient investigation. İstanbul 21st Heavy Penal Court will give its judgement regarding the application to intervene, which it dismissed in the previous 15 hearings. |
(EMK/SD)
