Ruling in Berkin Elvan case: 16 years, 8 months in prison

In the trial over the death of Berkin Elvan, who was shot in the head with a tear gas canister during Gezi, the court has ruled that police officer F.D. shall be sentenced to 16 years, 8 months in prison for “killing with eventual intent.” F.D. has not been arrested.

İstanbul

Ruling in Berkin Elvan case: 16 years, 8 months in prison

* Photo: ETHA

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The İstanbul 17th Heavy Penal Court handed down its ruling in the Berkin Elvan case at the final hearing today (June 18).

The court has ruled that police officer F.D. shall be sentenced to 16 years, 8 months in prison on charge of "killing with eventual intent".

However, the court has not arrested the defendant police officer. An international travel ban has been imposed on F.D.

In pronouncing the ruling, the court first ruled that the defendant should be given a life sentence on charge of wilful killing, then reduced the sentence to 20 years due to the eventual intent in the act. The court has lastly ruled that the prison sentence shall be reduced to 16 years, 8 months considering the effects of the sentence on the defendant's life.

Announcing its final opinion as to the accusations at the previous hearing on January 29, 2021, the prosecutor's office demanded that the defendant police officer F.D. be sentenced to 2 years, 8 months to 9 years in prison on charge of "causing death with conscious negligence."

The attorneys of the Elvan family demanded that the defendant police officer F.D. be penalized on charge of "wilful killing."

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Shot in his head with a tear gas canister fired by a police officer in İstanbul, Elvan (14) lost his life on March 11, 2014, 269 days after being shot.

His family and the Taksim Solidarity Platform made a press statement ahead of the hearing today. They said, "We demand justice for Berkin! We don't accept and will never accept that murderers, perpetrators are protected with reward-like sentences and that truths are obscured."

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'Police officer remained in office'

As reported by Dokuz8 news website, Peoples' Democratic Party (HDP) MP Musa Piroğlu, main opposition Republican People's Party (CHP) MPs Ali Şeker, Sezgin Tanrıkulu, Turan Aydoğan and Sera Kadıgil, Left Party Parliamentary Assembly member Alper Taş and several party representatives as well as Saturday Mothers/ People attended the press statement.

The statement was read out by Akif Burak Atlar on behalf of the Elvan Family and the Taksim Solidarity Platform:

"We are approaching the end in our Berkin's case after 20 hearings. While we have been crying out our demand for justice for our Berkin for 8 years in the streets where he was running around and playing, at the squares, in parks, at courthouses and in courtrooms, the police officer who shot our Berkin has remained in office for 8 years.

"Just as we have been crying out loud all together for eight years, we reiterate our request at today's hearing where we are expecting a ruling:

"We demand justice for Berkin!

"We demand justice for all our friends whom we lost in Gezi and their families as well as for all people who live and will live in this country."

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What happened?

On June 16, 2013, Berkin Elvan was hospitalized due to grave head injuries after the police intervention in the district of Okmeydanı in İstanbul. When he was admitted to the Okmeydanı Research Hospital, his heart had reportedly stopped already.

Suffering from a brain hemorrhage, Elvan went through at least five surgeries. On January 5, 2014, Elvan turned 15 in his comatose. He died on March 11, 269 days after being shot.

While the prosecutor investigating the incident was changed for six times, the investigation was completed on December 7, 2016. Prepared by the İstanbul Chief Public Prosecutor's Office, the indictment demanded that police officer F.D., who was referred to as the only defendant, be penalized on charge of "killing with eventual intent."

The 11-page indictment sent to the İstanbul 17th Heavy Penal Court has been accepted. A verdict of non-prosecution has been given for 42 police officers, who previously made their depositions as part of the investigation into the death of Elvan.

Speaking to bianet, Oya Aslan, one of the attorneys for the Elvan family, stated that a lawsuit was filed only against a single police officer who was on the scene of incident and added that since the lawsuit was filed for "killing with eventual intent", rather than for "wilful murder", it has reduced the foreseen prison sentence to 20 years.

The case is still continuing.

(AS/SD)