İpek Er case | Prosecutor’s request for arresting Musa O. rejected

* Photo: Mezopotamya Agency (MA)

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The 4th hearing was held in the court case that was filed against Specialist Sergeant Musa O., who faces the charge of "aggravated sexual assault" for sexually assaulting İpek Er and "driving her to suicide" in Turkey's Kurdish-majority southeastern province of Batman.

Held at the Siirt 1st Heavy Penal Court yesterday (September 16), the hearing was attended by Er's family and their lawyers as well as the Siirt Bar Association, Diyarbakır Bar Association, Lawyers for Freedom Association (ÖHD), Human Rights Association (İHD), Peoples' Democratic Party (HDP) Women's Assembly Spokesperson and Batman MP Ayşe Acar Başaran.

As reported by Mezopotamya Agency (MA), high security measures were taken in and around the courthouse and the journalists who came to follow the hearing were not allowed in the courthouse.

Contradictory witness statements

Heard as a witness at the hearing first, Suad Ilık stated that he had no information about the incident.

After it was understood that the statements given by Ali Şahin, the second witness and the defendant's flatmate, and the answers given by him to the lawyers' questions were conflicting, he said that "he would exercise his right to remain silent." Lawyers noted that a witness could not use the right to remain silent in this situation. After the lawyers asked Ali Şahin about İpek Er's letter, where Şahin's name was also mentioned, he said that he did not see or know İpek Er and blamed the family.

The lawyers protested the constant intervention of Erkan Akkuş, the lawyer of defendant Musa O., into the witness statement at the hearing. Lawyer Akkuş insistently blamed the family and argued that they were faced with manipulation and subjected to unfair accusations.

Prosecutor requested arrest

Following the witness statements, the prosecutor demanded that defendant Musa O. be penalized on charge of "sexual assault" as per the Article 102/1 of the Turkish Penal Code (TCK) no. 5237.

The prosecutor also requested that the defendant be arrested along with his conviction considering the flight risk and the risk or spoliation of evidence on the grounds of the classification of the offense charged as well as the sentence foreseen by the law for the offense.

'He should get the penalty he deserves'

İpek Er's father Fuat Er said that Musa O. committed misconduct in office, noting that the fate and whereabouts of İpek's suitcase and clothes, which he had taken, are still unknown. Er agreed with the prosecutor's opinion as to the accusations and requested the defendant's arrest.

Speaking at the hearing, İpek Er's mother Hakime Kılınç also said, "I have not been able to forget İpek even for a day, even for a moment. I want the defendant to receive the penalty he deserves."

Musa O. demanded his acquittal

Defendant Musa O. said that he was innocent and that he was sorry for İpek Er. He demanded his acquittal.

The lawyers of the defendant said that it was not certain whether the letter was written by İpek Er or not, arguing that Musa O. was a child who is unable to express himself and shies away from speaking.

In making their defense, the lawyers of the defendant strikingly said that "they knew they would get acquittal."

Court rejected all requests

Following a long recess, the court board has ruled that the fate and whereabouts of the Facebook messages shall be questioned, the requests of İpek Er's lawyers for hearing some witnesses shall be rejected, the requests of the Batman and Diyarbakır Child Rights Centers for involving in the case shall be rejected, the request for arresting the defendant shall be rejected, the request for a criminal complaint against witness Ali Şahin shall be rejected and the request for not hearing the defendant via the Audio and Visual Information System (SEGBİS) shall be rejected.

The next hearing will be held on December 3, 2021.

What happened?

Living in the Beşiri district of Turkey's southeastern province of Batman, İpek E. appealed to the Siirt Chief Public Prosecutor's Office on July 7 and filed a criminal complaint against specialist sergeant Musa O. Indicating that he raped her, E. gave a detailed deposition to the prosecutor.

On July 16, she left a letter and attempted to claim her life with a gun. She was taken to the Batman Regional Hospital. İpek E. was seriously wounded when she was hospitalized. After being treated there for 34 days, İpek E. lost her life at the hospital on August 18, 2020.

Musa O. was detained as part of the investigation on July 16. He was referred to court with a request for his arrest; however, he was then released on probation. The Chief Public Prosecutor's Office objected to this ruling, but it was not accepted. An indictment was prepared on July 27.

The indictment was returned due to missing points. The prosecutor's office objected to this decision as well. With this objection accepted, the office demanded Musa O.'s arrest again with this indictment. Amid social media outrage, Musa O. was arrested and sent to prison.

His attorneys objected to his arrest and the Siirt 2nd Heavy Penal Court accepted the objection. Musa O. was released on August 25.

On August 31, the Ministry of Interior announced that Specialist Sergeant Musa O. was discharged from the Gendarmerie General Command. (KÖ/SD)