Berkin Elvan's parents face up to nine years in prison for 'insulting the president'
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A lawsuit has been filed against Gülsüm and Sami Elvan, the mother and father of Berkin Elvan, for insulting President Recep Tayyip Erdoğan.
The Elvan couple face up to 9 years and 4 months in prison because of their statements after the hearings of the case of their son's killing on September 23, 2020 and January 29, 2021, Diken news portal reported.
Berkin Elvan was hit in the head by a tear gas canister during the Gezi Park protests in June 2013. After nine months in a coma, he lost his life on March 11, 2014.
What Erdoğan said
Erdoğan, who was the PM during the Gezi Park protests, had said, "Everyone asks 'Who gave the order to the police?' I gave the order."
Speaking at a rally three days after Elvan's death, Erdoğan had described him as a child "who was in terror groups with a covered face and given a slingshot with iron balls." The crowd had booed Gülsüm Elvan after Erdoğan's remarks targeting her.
In their statements subject to the lawsuit, Gülsüm and Sami Elvan, referring to these remarks of Erdoğan, said that he also was responsible for the killing.
After police officers from the Security Bureau of the Kağıthane District Security Directorate notified prosecutors about the Elvan couple's statement, an investigation was opened.
"Seeking justice since 2014"
In the statement she gave at the prosecutor's office, Gülsüm Elvan said she criticized but didn't insulted the president. Sami Elvan said, "We are a family that lost their child in 2014 and has been seeking justice since then. Because we don't find justice when we come to the courthouse, we make critical statements.
"I stand by my words. The person who was the prime minister at the time described my child as a terrorist and got my spouse booed at the rally. I didn't insult anyone. I expressed the truths and made criticism."
While the Elvan couple demanded non-prosecution, Press Crimes Investigation Bureau Prosecutor Enes Kocakale filed an indictment because there was "reasonable suspicion" in terms of the alleged offense. The first heating will be held on January 20, 2022, at the İstanbul 43th Penal Court of First Instance.
Adalet Bakanlığı'nın '2020 Adalet İstatistikleri' raporuna göre, sadece 2020'de Cumhurbaşkanına hakaret suçundan 31 bin 297 soruşturma açıldı.
Bu soruşturmaların 9 bin 166'sında 'kovuşturmaya yer yok' kararı çıkarken, 7 bin 790'ında kamu davası açıldı. Diğer soruşturmalarda ise yetkisizlik, görevsizlik, birleştirme ve başka büroya aktarma kararları verildi.
Cases of 'insulting the president'According to the Ministry of Justice's "2020 Justice Statistics" report, 31,297 investigations were filed for insulting the president in 2020 alone. Prosecutors decided that no prosecution was needed in 9,166 investigations while criminal cases were filed after 7,790 investigations. Investigations by years:
Since Recep Tayyip Erdoğan became the president in 2014, more than 160,000 investigations have been launched for "insulting the president." Criminal cases were filed after 35,507 of these investigations. Some 38,608 people, including 1,107 people below 18 years of age, stood trial for insulting Erdoğan. 12,881 people were convicted and 3,625 people, including 10 children, were given prison sentences, while 5,660 people were acquitted. |
(HA/VK)
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