Request for recusal in Metin Lokumcu case

* Photos: Evrim Kepenek / bianet

Click to read the article in Turkish / Kurdish

The trial over the death of retired teacher Metin Lokumcu began at the Trabzon 2nd Penal Court of First Instance today (April 21). 

Handing down its interim judgement, the court has rejected all requests of the defense. The attorneys of the Lokumcu family have requested recusal. The court board has ruled that the request shall be sent to the court on duty. The next hearing of the case will be held on June 28.

Nearly 10 years ago, on May 31, 2011, police officers intervened into a protest demonstration in Hopa, Artvin before the rally of the then Prime Minister Recep Tayyip Erdoğan. Affected by the pepper gas, Metin Lokumcu had a heart attack and lost his life at the hospital.

Charged with "reckless killing", 13 police officers are now facing up to 6 years in prison on the offense charged.

CLICK - 'Pepper gas had an effect on Metin Lokumcu's death'

Today's hearing was followed by several lawyers from different provinces of Turkey as well as by Workers' Party of Turkey (TİP) MPs Ahmet Şık and Erkan Baş, Peoples' Democratic Party (HDP) MP Murat Çepni and main opposition Republican People's Party (CHP) MP Sezgin Tanrıkulu.

The hearing started at 11.30 a.m. First, the indictment prepared by the Hopa Prosecutor's Office was read out. The Presiding Judge said that as the case was transferred from Artvin's Hopa to Trabzon, it is now heard by the Trabzon 2nd Penal Court of First Instance, adding that the  camera footage and reports were requested from the relevant prosecutor's offices.

The Judge stated that no reply has so far been received from the Hopa 2nd Penal Court of First Instance regarding the documents.

Defendants' attorney requests acquittal

Taking the floor first, Celal Karoğlu, an attorney for the defendants, said, "It is not clear what my clients, the defendants, are accused of. There is no causal link with my clients. We do not think that the reports in the indictment put forward the causal link. Considering that the indictment is not clear and my clients were not at the scene of the incident, I request their acquittal."

Afterwards, Meriç Eyüboğlu, the attorney of late Metin Lokumcu's family, took the floor and said, "We have been waiting for this trial for 9 years. We have so much to say. We will not say all of them now. We do not think that this court is the competent court in this trial."

She briefly continued as follows:

'Didn't they foresee the consequences?'

"This indictment is deficient. The defendants should have been charged with killing with eventual intent. Your court must take this into consideration.

"What needs to be discussed here? We need to discuss the following: Can a death caused by the use of chemical gas be considered reckless killing? Did the defendants commit this crime by foreseeing the potential outcomes? The key word here is this: Did they foresee this consequence or not? We need to discuss this. We need to explain what these gases are. We have already compiled all this information and will present it to you soon.

"So much has accumulated about chemical gas in Turkey. The first death related to this was reported on May 1, 2007.

"We did not see this death for the first time in Hopa. And we saw it the most frequently in Gezi. We have presented a list of the people who lost their lives due to chemical gases and their dates of death.

"The person who died on May 1 is not a person who joined the protest. That person was just sitting there. We lost Metin Lokumcu due to chemical gases. There is a problem with the use of chemical gases.

'Forensic Medical reports say they are deadly'

"They talk about the use of two gases. Both of them were used in Hopa. These are mentioned in the list of banned substances. Their underuse and overuse is a matter of debate, it is in our life. Çayan Birben lost his life due to chemical gases as well. The issue was taken to the Parliament. The Interior Minister made a statement. He said that it was tear gas. He said that no death occurred as a result of this. But several deaths occured due to this.

"In fact, there are two reports regarding the death of Metin Lokumcu as a result of chemical gases. The deadliness of chemical gases has been documented by the forensic medical reports as well. We present 14 additional documents to you regarding this issue.

"Let's look at the other aspect of the issue. Two reports say that Metin Lokumcu died as a result of gases. There are images presented by the prosecutor. There are also images that we will present. In the images that we will present, gas is sprayed on Lokumcu's eye.

"In the information submitted by the Security Directorate's Security Branch Office to the Rize Administrative Court, it is said that only the ones who have special training and certificates can use them.

'Gas used in Hopa for 8 hours'

"There is an instruction dated 2008. There are instructions about using gas. It is extremely important. Gas was used in Hopa for 8 hours. Do you know that the sub-governor whom you summoned as a witness said, 'We have run out of gas.' They asked for gas from 7 provinces.

"These instructions also say that those who do not have the certificate cannot get these gases. It is impossible for the ones who have been trained for this to not know or foresee the damage to be caused."

'Send the case to Heavy Penal Court'

After Meriç Eyüboğlu, attorney Sercan Aran took the floor. Arcan said that not only 13 defendants but the then Minister of Interior and sub-governor should be put on trial as well. "Those who gave the order must be put on trial as well," he said and briefly added the following:

"Citizens were not allowed to gather. Police intervened against the citizens who used their fundamental rights.

"Even though Metin Lokumcu and citizens said, 'Enough', we saw that the intervention of the law enforcement officers continued. As a result of this, we are now talking about Metin Lokumcu's death."

Expressing their demands for the defendants' trial for "wilful killing," Aran added, "We think that this trial will set a precedent. Give a ruling of non-jurisdiction; this trial must be heard by a heavy penal court. The only competent authority where we can discuss eventual intent is the Heavy Penal Court. We want this case to be heard by a Heavy Penal Court."

Lokumcu family speak at court

After the statements of the attorneys, Metin Lokumcu's son Ulaş Lokumcu took the floor and briefly said the following:

"I am the son of Metin Lokumcu, who was killed in Hopa on May 31, 2011 We are here today as the entire family. The defendants who were there on that day did not come here today. I would really want them to be here today, I would like to look at them in the eye.

"My father died for his grandchild. My father died to lay claim to the water of his grandchild. I was 22 when my father died, I am 32 years old today. It is the first time that I have found the opportunity to demand justice. We have come here today not to bring people to account but so that justice will be served. We demand justice. On that day, my father called me and said, "We will make a press statement against the hydroelectric power plant, Erdoğan is coming, he will perhaps hear us.'

'I saw my father's death on the screen'

"Then, he called me. 'They attacked, son. They are spraying gas. There are police officers that I don't know. If we are not here, they will devastate the young,' he said. It was the last time that I talked to him.

"My paternal uncle called me, he told me that he would buy me a plane ticket. I hang up. I was about to turn on the TV, my friend said, 'Let's take a walk.' We went to the airport. While I was going up the stairs, I saw a man with a gun and a walky talky in his hand. Then, I saw it on the screen, I saw that my father died. They took me to the Forensic Medicine Institution.

"We got on the vehicle, I was not aware of it. He was such a strong person that I would not have thought that he would die. The police stopped the car while we were about to enter Hopa. The police said, 'His son.' They let us pass. The police stopped us three times.

"Our all family members were at home. The incident had just happened, we heard about the PM's speech later. In our culture, people say nice things about a deceased person. He didn't prefer it back then."

The Presiding Judge asked Ulaş Lokumcu, "Did your father have a disorder?" He answered, "He had a heart spasm when I was very little."

The Judge also said, "What did they tell you about the day of the incident?" Ulaş Lokumcu answered, "The press statement ends, they spray gas. My father is hit by the gast the most. They spray pepper gas from the tube. Things calm down. Then another attack ensues. Afterwards, my father is heard to be saying, 'Enough, take me then.' They said that gas was sprayed on my father's mouth. I press charges against the defendants."

'PM said, "Someone died", didn't say his name'

Metin Lokumcu's Neşe Lokumcu also spoke at the hearing:

"We talked on that day. He went to the bank to run some errands. What saddened us the most was that my elder brother was a teacher.

"He worked as a teacher in Rize province. At the night of that day, the Prime Minister said, 'Someone died.' He did not even say his name. It made us so sad. I press charges against all of them."

Neşe Bekar, also a sister of Lokumcu, also said:

"When I heard about the news, I was on my way to my daughter's graduation ceremony. They misstated the health problems of my elder brother. My elder brother did not have even a single disease.

"He would not even use painkillers. When he walked, the young people of the village could not catch up with him. I am asking you, Your Honor, can a person who suffers from cardiac diseases and asthma walk in the mountains? He was not taking any medication.

"The state is punishing us. They sentenced me to 11 months because I shared two comics. I press charges against the defendants."

'Thousands of hands on our shoulders'

Yeter Lokumcu said, "Metin Lokumcu was killed while defending streams. The masters of guns, the cowardly... Where are they now? They should come here and face us. We have lost my elder brother, thousands of hands are on our shoulders. I press charges against all of them."

Şengül Lokumcu from the Lokumcu family also stated, "He was a person much liked and praised. He taught us so many beautiful things. His friends taught us beautiful things as well. My mother has lost her mental stability. I am pressing charges against all of them."

'His last words were "They ruined me"'

Lastly, Mete Lokumcu took the floor and said:

"I was the village head back then. The Hopa Sub-Governor called me and told me to come immediately. When I went there, he was taken to the ambulance. I could not see him inside the ambulance. 

"I saw my elder brother when he was being taken to the emergency room. I would not have understood that it was Metin Lokumcu. He was in such a bad condition that I could barely recognize him.

"There was gas from central Hopa to the hospital. The last words of my brother were 'They have ruined me.' His eyes were swollen. There was a police officer in the area where the schools are located. He asked, 'Why didn't they make this place a part of Batumi?'

"2 thousand bullets were collected from that region. Hundreds of people who knew that Metin Lokumcu was at hospital came there.

"They massacred Metin Lokumcu. We miss him today. How were the ones who sprayed that gas licensed? They did not think three times, they used gas just for the sake of bootlicking. Everyone used to love Metin Lokumcu. I want them to be penalized in the severest way possible."

The hearing was recessed afterwards.

Following the recess, the court board examined the request for non-jurisdiction and asked the prosecutor of the hearing about his/her opinion. The prosecutor said that the request for non-jurisdiction could be reviewed later, considering the state of the file, the current stage and the state of evidence. The prosecutor indicated that the request should be rejected.

Afterwards, representatives from several bar associations across Turkey expressed their requests for involvement in the case.

'The judiciary must do its share'

Diyarbakır Bar Association Nahit Eren took the floor first and explained the bar's reasons for requesting involvement in the case.

"We, as the Diyarbakır Bar Association, are struggling against impunity. States do not commit violations of human rights, they work to prevent them," Nahit Eren said and briefly added the following:

"For years, we have been struggling against violations committed by public officials and the ensuing impunity in these cases. In the investigations and prosecutions where the perpetrators are public officials, these officials are protected by the judiciary.

"Today, I am speaking here on behalf of 1,700 lawyers from Diyarbakır. The people of Hopa are aggrieved, the people of Cizre are aggrieved, the people of İzmir are aggrieved. The judiciary must do its share and satisfy the victims' sense of justice. The ruling that you will give in this case and will serve justice will perhaps lead to this climate. We have to follow up this case so that public officials will not commit any more crimes from now on."

'This is not the place to hear this case'

Artvin Bar Chair Ayla Varan underlined that there was video footage featuring how the chemical gas was used.

"It has been 10 years since then. There is no need even for the discussion of whether they foresaw it or not. There was no need for chemical gas use. Your court is not the place to hear this case," she said.

'This is a case of human rights'

Expressing the İzmir Bar Association's request for involvement in the case, Bar Chair Özkan Yücel stressed that it was not an ordinary case of "causing death." Yücel said, "This is a case of human rights."

"Advancing upon a citizen who expresses his opinion in some way with gas and bludgeons has no meaning other than this. The rights of our killed citizen have been usurped and the responsible parties are state officials from the very top to the very bottom. The trial where these officials will appear before the judge is our duty. Because there is a violation of human rights and the profession of attorneyship lays this responsibility of protecting human rights on us. Our request for involvement must be accepted for this reason and your court must give a ruling of non-jurisdiction."

Court rejects all requests

Van Bar Association Executive Board member Mehmet Karataş also stated the following: "I come from a place where I have been a witness to gas bombs since my childhood. And we know that several people die because of this. Not only causing the death of Metin Lokumcu, but the use of gas must also be put on trial here. Protecting human rights has been defined as the duty of bar associations. Accepting bar associations' requests is indispensable for protecting human rights."

Afterwards, Büşra Pınar Altınoluk from the Bursa Bar Association and Trabzon Bar Association Chair Sibel Suiçmez also expressed their requests for involvement in the case. The Progressive Lawyers Association (ÇHD), Association of Lawyers for Freedom (ÖHD) and People's Houses also raised a request for involvement in the case over the death of Lokumcu.

Handing down its interim judgement, the court rejected all requests of the defense and bars as well as the requests for non-jurisdiction.

Request for recusal

Following the second recess, the court board has also rejected the defense's request for the defendants to be present in the court room. The board has indicated that the defendants can attend the hearing via the Audio and Visual Information System (SEGBİS). It has also requested that the defense attorneys present their questions in written form.

Attorney Meriç Eyüboğlu has referred to the principle of immediateness for a fiar trial. "You do not hear the law here, you do not take our requests into consideration," she has said and made a request for recusal. The Presiding Judge has said that the file will be sent to the court on duty and announced that the next hearing of the case will be held on June 28, 2021.

Press statement before the hearing

The Trabzon Labor and Democracy Platform held a statement for the press before the hearing started. Addressing the crowd, Emir Nur underlined that the trialover Lokumcu's death started 10 years after the incident. He emphasized that the family of Metin Lokumcu demand justice.

CLICK - Metin Lokumcu's stream is free, it will flow free...

Kamil Ustabaş from Hopa People's Houses also said:

"On that day, the people of Hopa were crying out loud to claim their city and nature. Metin Lokumcu was also there for this. The extreme attack of the police took Metin Lokumcu away from us. Those who said back then 'I gave the order, they underused the gas' are the murderers of our teacher Metin. Those who transferred the case to Trabzon did it so that the ones who gave the order would not be put on trial. Our struggle for justice will continue until the ones who gave the order are put on trial and penalized."

What happened?

Retired teacher Metin Lokumcu lost his life after having a heart attack as he was affected by the pepper gas used by the police and the blows he received during the incidents that occured during and after the rally of the then PM Recep Tayyip Erdoğan in Hopa, Artvin on May 31, 2011.

On the day of the incident, Lokumcu stood in front of the police with his hands behind his back, calling out to the police, "Come on, take me and save the country." This picture was then reported in the press.

70 people were detained as part of the investigation into the incidents and 16 of the detained were arrested. These persons were released afterwards.

Following Lokumcu's death, the then Prime Minister Erdoğan talked about him at the publicity meeting of the "Turkey is Ready, Target is 2023" project in İstanbul. "And, in the meantime, one of them had a heart attack... I don't know his identity... But I don't feel the need to dwell on it... He has died of a heart attack," said Erdoğan about Lokumcu.

Case transferred to Trabzon

Upon the request of the local court in Hopa, the 5th Penal Chamber of the Court of Cassation gave a decision on December 21, 2020 and ruled that the trial over the death of Metin Lokumcu should be transferred to the Trabzon Penal Court of First Instance "for security reasons."

In the justification of this decision, the Court of Cassation referred to the "possibility that social incidents and provocation might arise."

The 5th Penal Chamber of the Court of Cassation transferred the case to Trabzon as it came to the conclusions that "social incidents might erupt and the parties might face serious threats even when security measures were taken, which might lead to a failure to hold the trial in an orderly manner and pose a clear and imminent danger to public security." (EMK/SD)