Berkin Elvan, who was wounded by a tear gas canister fired by the police at the age of 15 during the Gezi Park protests, and passed away 269 days later, was commemorated at Feriköy Cemetery today (March 11) in İstanbul on the 10th anniversary of his death.
According to sendika.org's report, speaking at the graveside, Berkin's father, Sami Elvan, said, "We are grateful to all of you for your support during the 11-year struggle for justice for Berkin. We have come to this day, with the strength and energy we have received from you."
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Gülsüm Elvan, the mother, stated, "I address the murderers: Let them remember us while hugging their own children."
Gamze Elvan, Berkin's sister, read a statement on behalf of the family: "His laughter, so full of life, is missing, his embarrassed but shining gaze... Now, only the scent lingers in our noses..."
According to Ezgi Yıldız's report for Artı Gerçek, Gülsüm Elvan and Sami Elvan, along with Emel Korkmaz, the mother of Ali İsmail Korkmaz who was killed in Eskişehir during the Gezi Park protests, Rakel Dink, the wife of Hrant Dink, Murat Çepni and Meral Danış Beştaş, the co-mayoral candidates of the DEM Party for Istanbul Metropolitan Municipality, left carnations at Berkin Elvan's grave.
What happened?
In Okmeydanı, İstanbul, on June 16, 2013, during a police attack in Mahmut Şevket Paşa neighborhood, 14-year-old Berkin Elvan was struck in the head with a tear gas canister. He was taken to the hospital with his heart stopped.
269 days later, on March 11, 2014, he passed away at Okmeydanı Education and Research Hospital, where he was receiving treatment.
The investigation file saw six changes in prosecutors. Following a request by Prosecutor Faruk Bildirici, the camera footage mounted on a TOMA (riot control vehicle) at the beginning of the street where Elvan was shot was examined by a National Criminal Bureau expert witness, and the analysis report was submitted to the file on May 6, 2014.
Upon the request of Prosecutor İsa Dalgıç, the footage was examined at the Gendarmerie Criminal Laboratory. In the clarified footage, two suspect officers were identified, and it was determined that one of these officers caused Elvan's death.
The investigation was completed on December 7, 2016.
In the indictment prepared by İsa Dalgıç, a prosecutor from the Public Prosecutor's Office for Civil Servants in Istanbul, the police officer F.D. was requested to be tried for "murder with possible intent" as the sole defendant.
The indictment explained that the police intervened in the demonstrators who were "resisting," during which Berkin Elvan was injured by a tear gas canister to the head, taken to the hospital, and passed away while receiving treatment.
The 11-page indictment sent to the Istanbul 17th Heavy Penal Court was accepted.
As for the 42 police officers questioned in the investigation, a decision of non-prosecution was made.
Oya Aslan, the lawyer for the Elvan family, stated to bianet that only one police officer at the scene was prosecuted, and the case was filed not for "intentional homicide" but for "murder with possible intent," reducing the maximum sentence to 20 years: "When tried for murder with possible intent instead of premeditated murder, even if the police officer is convicted, the sentence is reduced to up to 20 years. However, just the camera footage alone was sufficient to open a case for premeditated murder."
The 1st Criminal Chamber of the Istanbul Regional Court of Justice upheld the 16 years and 8 months prison sentence for police officer F.D. for "murder with possible intent."
The case is now with the Court of Cassation.
