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11 years ago, on May 31, 2011, the police attacked a protest demonstration in Artvin's Hopa in the Black Sea region before the rally of the then Prime Minister Recep Tayyip Erdoğan. Affected by the pepper gas, Metin Lokumcu had a heart attack and lost his life at the hospital.
The trial over the death of retired teacher Metin Lokumcu continued with its third hearing at the Trabzon 2nd High Criminal Court today (April 8).
The hearing today was attended by main opposition Republican People's Party (CHP) Vice Chair and Maraş MP Ali Öztunç, CHP MP Ahmet Kaya and Fındıklı District Mayor Ercüment Çervatoğlu.
At the previous hearing on February 18, the court board ruled that two police officers on trial, Erol Darcan and Taner Ballı, who had not come to the court, should be brought by force. The requests for hearing defendants Abdullah Aktaş and Mehmet Yüksel at court were rejected.
At the hearing today, two defendants who had not been heard were heard and the trial has been adjourned until July 1, 2022.
'I don't remember who used gas'
Today's hearing began following the identity check. With his defense not taken at the previous hearings, Erzurum Riot Police Chief Erol Darcan made defense. Darcan briefly said the following in his defense:
"We set off from Erzurum with 74 people and arrived in Hopa a day before. We checked into a hotel. We contacted District Security Director. Then, they mentioned a rally. We went to the rally site and checked it.
"Next day, at the specified hour, I began duty. A press statement was held. The District Security Director made some announcements. As the group did not disperse, Mr. Sub-governor gave an order of intervention. The order was conveyed to me by Fatih Ünlü. Following the deceased's news of death, incidents escalated further. That is all."
Darcan then said that he did not see Metin Lokumcu, but saw him on television news. He argued that stones and paving stones were thrown at the police. "Afterwards, we used gas", he alleged further.
While the pictures of his group were seen to be using gas, the police officer insisted that "they had not used any gas".
He said, "I believe that I am innocent".
When asked a question by Sercan Aran, an attorney for the Lokumcu family, Darcan said, "We did not use gas like this. I do not remember who this person was." When the judge pointed at the picture and asked, "Was this person using gas someone from your group", he said, "He is highly likely one of our friends, but I cannot give a clear answer".
Lawyer Nagihan Bulduk asked the defendant whether anyone from his group used pepper gas. He said, "No". When Bulduk said, "Then, you used gas first." Defendant Darcan responded, "Yes".
When he was asked by lawyer Bulduk, "Did you participate in the planning meeting a day before? Who decided who would throw gas?", Darcan said, "It had been perhaps decided beforehand."
When lawyer Meriç Eyüboğlu asked, "When the Erzurum team ran out of gas, they asked for gas from other provinces. Is this true?" The officer responded, "No". Eyüboğlu said that this information is mentioned in both radio communications and the Interior Ministry report.
Afterwards, the family of Metin Lokumcu took the floor.
'They killed him, now say he was sick'
Taking the floor at the hearing, Gülay Lokumcu, the spouse of late Lokumcu, said, "We shared the same life for 25 years. My husband did not have health problems. He was a person harvesting and carrying tea. He could not have done it if he had been sick. They killed my spouse with gas".
Taking the floor afterwards, Metin Lokumcu's sister Yeter Babalık said, "They massacred my brother. We want justice. He had a lemon in his hand. They said he was holding a stone. He had love in his heart, they called him a bandit. My brother did not have a health problem. We used to go hunting, we used to go to the mountains. My brother did not have health problems. They killed him and now they say that he was sick. They killed our brother."
Further in her statement, sister Babalık said, "Why was this case filed so late? They have to explain this not only to us but to everyone following this case. I press charges against all of them".
Lastly, Lokumcu's son Ulaş Lokumcu took the floor:
"What happened in Hopa happened upon the order of the President. I want him to be put on trial. Everyone has a conscience. Everyone is working at public institutions. Don't deceive one another. My hope is that the use of pepper gas in public incidents will be prevented now as a result of this trial. People died even at stadiums due to this gas.
Prevent this pepper gas. Mr. Judge; this is in your hands. I have a daughter. The decision that you will give here will affect the children of us all. Give us a glimmer of hope. Whoever is guilty should be put on trial. The ones who are not should not be.
The trial has been adjourned until July 1.
'His eyes were bloodhot'
Speaking to bianet before the interim ruling was handed down, Mete Lokumcu, the brother of late Lokumcu, said, "When I saw my brother in the ambulance, I couldn't recognize him. His eyese were bloodshot. My elder brother told me lastly, 'They gassed me'. He could hardly speak."
My brother struggle against hydroelectric power plants. Today, people die in this country because these plants are constructed. My brother waged a struggle so that these people would not die. But they killed him. We want justice.
What happened?
Retired teacher Metin Lokumcu lost his life after having a heart attack as he was affected by the pepper gas used by the police and the blows he received during the incidents that occured during and after the rally of the then PM Recep Tayyip Erdoğan in Hopa, Artvin on May 31, 2011.
On the day of the incident, Lokumcu stood in front of the police with his hands behind his back, calling out to the police, "Come on, take me and save the country." This picture was then reported in the press.
70 people were detained as part of the investigation into the incidents and 16 of the detained were arrested. These persons were released afterwards.
Following Lokumcu's death, the then Prime Minister Erdoğan talked about him at the publicity meeting of the "Turkey is Ready, Target is 2023" project in İstanbul. "And, in the meantime, one of them had a heart attack... I don't know his identity... But I don't feel the need to dwell on it... He has died of a heart attack," said Erdoğan about Lokumcu.
Case transferred to high criminal court
Upon the request of the local court in Hopa, the 5th Penal Chamber of the Court of Cassation gave a decision on December 21, 2020 and ruled that the trial over the death of Metin Lokumcu should be transferred to the Trabzon Penal Court of First Instance "for security reasons."
In the justification of this decision, the Court of Cassation referred to the "possibility that social incidents and provocation might arise."
The 5th Penal Chamber of the Court of Cassation transferred the case to Trabzon as it came to the conclusions that "social incidents might erupt and the parties might face serious threats even when security measures were taken, which might lead to a failure to hold the trial in an orderly manner and pose a clear and imminent danger to public security."
At the hearing in June 2021, the Trabzon 2nd Penal Court of First Instance gave a decision of lack of jurisdiction. The police officers who were on trial over the death of Lokumcu appealed against this decision foreseeing the case to be held by a high criminal court. With their appeals rejected, the trial is now held at the Trabzon 2nd High Criminal Court. (EMK/SD)