Berrin Tursun, mother of Baran Tursun who was killed with a police bullet in Izmir in 2007 because of ignoring the stop warning, was found guilty of "threat" and "insult" on the grounds of her reaction at court against the release of police officer Oral Emre Atar pending trial.
In the hearing on 17 May, the Karşıyaka 5th Criminal Court of First Instance (Izmir) handed down a prison sentence of five months and 20 days to Berrin Tursun who had cried "Dishonourable police officer, I will gouge out your eye" upon the decision of Atar's release.
Joint attorneys objected "evidence"
The court dropped charges related to article 301 of the Turkish Criminal Code (ban of "insults" to the Turkish nation) against un-detained defendants Mehmet Tursun, father of the victim, his mother Berrin Tursun and his sister Şelale Tursun since the Ministry of Justice refused to issue the necessary permission.
However, the court sentenced Berrin Tursun to imprisonment of 3 months and 22 days on the grounds of threatening Atar and to another month and 28 days behind bars based on alleged insult of the police officer. The pronouncement of the judgement was postponed due to a "lack of criminal record".
The court dismissed the appeal of Tursun's lawyer M. Ali Koç who had claimed that his client could not be charged based on unlawful evidence.
Joint attorney Nezahat Paşa Bayraktar criticized that the decision was taken based on the records presented by the police and without listening to the witnesses.
"The mother Berrin Tursun was not in a condition to walk on that day. She was supported by two people. It was not written in the press either that she said something like that. There is the information that the police presented a CD at court. We requested to review the television footage and hear the witness in order to investigate the matter, yet our request was ignored".
Released pending trial in first hearing
The Karşıkaya 1st High Criminal Court decreed for imprisonment of 25 months for defendant Atar by reason of "causing death by negligence of duty". He had been released pending trial after the first hearing of the case. Tursun's mother, who protested the court's decision for release, was initially facing imprisonment of 41 months on the other hand. The father Mehmet Tursun and the sister Şelale Turusun were acquitted.
Besides the family members, representatives of the Human Rights Association (İHD) and member of other non-governmental organizations stand accused in this law suit. The case will be continued on 17 May.
Imprisonment of up to 10 years demanded in second trial
Berrin, Mehmet and Şelale Tursun are also tried at the Karşıkaya 3rd Criminal Court of First Instance under similar charges. The prosecutor demanded prison sentence of between five and ten years each. (EÖ/VK)
