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The case of Berkin Elvan, who died after being shot with a tear gas canister during the Gezi resistance in 2013, continued today (January 23) at the İstanbul 17th Heavy Penal Court.
The expert witness report which was presented to the court today stated that the gas canister was "highly likely" fired by defendant police officer Fatih Dalgalı.
In consideration of the report's findings, attorneys of the Elvan family demanded the arrest of the defendant police officer. The court rejected the demand.
"Shot was not fired into the air"
In the 23-page expert witness report dated January 10, 2019, it was said, "As a result of the examination on the file and as can be understood from the images regarding the incident, it has been considered highly likely that the victim was wounded by the shot by the second police officer with a tear gas grenade launcher (the defendant officer) fired at 13:47.17."
According to the team of experts, which consists of an academic, a digital forensics expert and a computer engineer, it is technically impossible to identify Berkin Elvan in the videos regarding the incident.
It was also stated in the report that the shot was not fired into the air and it was fired from a 65-meter distance.
"An investigation should be done at the scene of incident"
Can Atalay, an attorney for the Elvan family, said, "An examination should be done at the scene of incident. It is clear that the defendant committed a crime. There is a possibility of spoliation of evidence by the defendant. I demand the defendant's arrest."
The court board ruled that the demand of examination at the scene of incident shall be reviewed in the next hearing.
It rejected the arrest demand for the defendant on the grounds that the defendant "is following the hearings" and "considering his duty, there is no suspicion that the defendant would run".
The next hearing will be held on February 27, 2019.
What happened?
On June 16, Berkin Elvan has been hospitalized due to grave head injuries after the police intervention in Istanbul's Okmeydanı district. When he was admitted to the Okmeydanı Research Hospital, his heart has 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 Day 269.
While Istanbul Chief Prosecution investigated the case, prosecutors allegedly denied following charges related to "attempted police killing and torture" - a complaint submitted by Elvan's family advocates.
On the other hand, the suspected policemen have been charged with "excessive use of their right to exercise force" according to Turkish Penal Code Article 256/1.
The investigation was completed on December 7, 2016.
The indictment prepared by Prosecutor İsa Dalıgç from İstanbul Chief Public Prosecutor's Office demands that police officer F.D., who is shown as the only defendant, be tried on the charge of "eventual murder intent".
The police officer in his testimony said he "doesn't remember of firing the gas cartridge".
As the non-prosecution verdict was rendered for 42 suspects, the only suspect F.D. is tried on "eventual murder intent" rather than "willful murder", attorney Oya Aslan representing Elvan family told bianet. (AS/VK)
