Breaking a protester’s arm, police officer sentenced to prison

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The police officer who broke the arm of a protester had his final hearing at the Ankara 18th Penal Court of First Instance.

Police officer E.T. previously detained Zeynal Danacı while he was waiting for a press statement to begin in Ankara. E.T. battered Danacı and broke his arm. The officer was facing charges over this incident.

At his final hearing, the court has convicted him "...as it is understood from the camera footage showing the moment of incident, he clasped and broke the arm of Danacı, thereby wounding him in a way to affect his vital functions to the 4th degree and committing the offense charged."

The court first sentenced the police officer to 1 year in prison on charge of "exceeding the amount of force required by duty" as per the Article 86/1 of the Turkish Penal Code (TCK) through the Article 256/1 of the TCK. Then, the court increased this prison term on the grounds that "the crime had been committed by a public officer's undue influence."

However, sentencing the defendant to 2 years in prison, the court board has then reduced this prison term to 1 year, 8 months by "considering the potential impacts of this prison sentence on his future." The court has also deferred the pronouncement of the verdict because "it has reached the conclusion that the defendant will not commit a crime again given that he has no previous criminal record as well as considering his personal traits."

The defendant police officer previously defended himself, saying, "I don't accept the charges. On the day of the incident, we detained the complainant ... by gradually using force within legal boundaries."

'Yes, I will break it, you will see it'

In Güvenpark in Ankara, a statement for the press was to be held in support and solidarity for hunger striking teachers Nuriye Gülmen and Semih Özakça on July 23, 2017. Zeynel Danacı wanted to attend this statement. However, the police intervened against the group and the arm of Danacı was broken by police officer E.T. from the Ankara Security Directorate.

A lawsuit was filed against E.T. on charges of "extending the limits of his power in using force" and "deliberately injuring in a way to break bones" as per the Articles 86/1, 87/3, 86/2-3-d, 256/1 and 53/1-2 of the TCK.

Zeynal Danacı press charges and said the following at court:

"I was in Kadıköy on the day of the incident by coincidence. Police officers neutralized a person, handcuffed him and were battering him with kicks and punches. I intervened against them, saying what they do was not humane.

"In response, the defendant twisted my arm from behind, I told him 'You are gonna break my arm'. He answered me 'Yes, I will break it, you will see that soon'. My arm got broken because he twisted it from my back.

"I showed the reporters my condition and told them to capture it. And the defendant denied it, saying, 'he is slandering me, I did not even get close to him'. But the images confirm that he broke my arm."

Zeynal Danacı's attorney also said that "the police intervened against the client without making warnings about the fact that there was a ban imposed by the Governor's Office and the protest was not lawful or without giving him any time to disperse." The incident was also captured by cameras.

Danacı's attorneys also indicated that "there was a mistake with the classification of the offense and the offense committed by the defendant was torture" and requested that the case be sent to the Heavy Penal Court. However, this objection was not accepted. (AS/SD)