Metin Lokumcu case: Request for recusal rejected

* Photo: Evrim Kepenek / bianet

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The Trabzon 3rd Heavy Penal Court has rejected the request for recusal of retired teacher Metin Lokumcu's family.

CLICK - Request for recusal in Metin Lokumcu case

Nearly 10 years ago, on May 31, 2011, police officers intervened in 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.

At the first hearing of the case held at the Trabzon 2nd Penal Court of First Instance on April 21, all requests of the Lokumcu Family were rejected. In response to this, the attorneys made a request for recusal.

'Judge's impartiality not in doubt'

The Trabzon 3rd Heavy Penal Court announced its decision today (May 31). The request has been rejected on the grounds that "there is no reason for bringing the impartiality of the judge into doubt."

The decision of the heavy penal court has been shared on the "Metin Lokumcu Justice" social media platform, which has been established to share the developments about the trial and to express the demand for justice on social media. "We are - of course - not surprised. We have not given up our search for justice for Metin Lokumcu, we do not give up," they have said.

'We will keep demanding justice'

Ulaş Lokumcu, the son of Metin Lokumcu, has spoken to bianet about the decision of the court. He has briefly said:

"It was the last piece of justice. That was our expectation. They made a film, they are now performing it. The end of the film is certain, we will do all we can do. We will keep on waging our legal struggle. It is important that all of these go down in history one by one.

"We will keep demanding justice. Our requests are not accepted but don't think that we have stepped back from our determination.

"Justice was important for my father. It is now our duty to raise the demand for justice for him."

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)