In the case of Nigerian refugee Festus (Fastos) Okey, who was shot and killed in police custody at the Beyoglu Police Department on 20 August, the prosecution has completed its investigation.
Okey was detained together with refugee M.O., who has said that they were treated violently, that Okey was taken up to the fifth floor, while he was kept on the first floor. M.O. has said that he heard shouts after a while, then the sound of a gun. Then a police officer came to him to tell him, “Your friend has died.”
Police: Okey died in a struggle
Days after the event, on 7 September, the Istanbul Police Department made an official statement, in which it verified that Okey was shot by police officer C.Y. at the Beyoglu Police Department. The police said that Okey attempted to take C.Y.’s gun and that “a shot was fired in the ensuing struggle in which the officer tried not to give up the gun.”
Prosecution: "Conscious negligence"
The prosecution has decided that police officer Cengiz Y. is guilty of "killing a person with conscious negligence" (based on Article 22 of the Penal Code) and has demanded a sentence from 4.5 to 9 years imprisonment.
Prosecutor Adnan Vehbi Günes has sent his indictment to the Beyoglu Penal Court.
Article 22 of the Turkish Penal Code defines “conscious negligence” as follows:
“If, despite not wanting a predictable consequence, the event takes place, there is conscious negligence. In that case, the punishment for the crime of negligence is increased by a third or a half.” (TK/AG)
