Police officer who shot waste worker in Diyarbakır not arrested

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The first hearing of the trial over the killing of waste worker Recep Hantaş was held in Diyarbakır yesterday (September 14).

The Diyarbakır 7th Heavy Penal Court has rejected the request for arresting the police officer who shot Hantaş to death.

20-year-old Recep Hantaş was shot to death by police officer K.B. on April 4, 2019 while he was collecting scraps in Yenişehir district in Turkey's Kurdish-majority southeastern province of Diyarbakır. A lawsuit has been filed against the officer on charge of "killing with eventual intent." The officer has been facing up to 25 years in prison on the offense charged.

He allegedly 'fired on the ground'

As reported by Mezopotamya Agency (MA), the police officer made his defense at the first hearing yesterday. He said that "while they were in Kayapınar district, they received an announcement that two people had entered the Sümerpark and he went there after this."

Officer K.B. stated that while they were on their way to the scene of the incident, a team of public order police were there. K.B. added that the other police officer M.U. waited at the vehicle to maintain security in the area, he and the police captain E.K. entered the park and after they walked for 20 meters, a person came towards them amid heavy gunshots.

Alleging that he made a "stop" warning, K.B. said:

"As the person said to me, 'Bomb, bomb', I fired into the air. I had the MPT 5 infantry rifle in my hand. The person, then, went to my police captain E. He was at my right cross. There were shrubs and a distance of around 15 meters between us. There were gunshots in the meantime.

"I did not see the person or the police captain. Meanwhile, I heard a sound of 'ahhh' from the police captain. I staggered while shooting because the ground was slippery, but I did not fall. To catch the person, I thought that he would harm M.U. and other friends. Because he said, 'Bomb'. I ran to catch the person, I saw the person in front of me. I did not shoot while running.

"I saw the person falling in front of me. When I went to him, there was a chopper beside him, he was wearing gloves and his face was covered."

Further in his defense, police officer K.B. alleged that "he fired on the ground when the person ran towards him.

Reminded by the presiding judge that the Forensic Medicine Institution and  National Criminal Bureau prepared reports indicating that fires were shot directly at Hantaş, the police officer reiterated his statement.

'Is the police authorized to collect evidence?'

Hantaş family's lawyer Mehmet Öner referred to the camera footage of the incident and indicated that after Hantaş was shot, the police officers were seen to be searching for something at the scene of the incident. The lawyer asked, "Are you authorized to collect evidence at the scene of the incident or to interfere with the scene of the incident?"

K.B. answered, "No, we are not." In response to this, lawyer Öner said, "So, it is not normal for the police to look for bullets in the grass."

Giving his statement as a witness, police captain E.K. also stated that "the police are not authorized to collect evidence at the scene of the incident" in response to the question of the family's lawyer. Lawyer Öner said, "Then, we are seeing the camera footage wrong."

'Hantaş fired from his back'

Lawyer Öner said that the file was not properly carried out from the beginning, noting that there are 2 suspects in the file, both are on duty at the Counterterrorism Department (TEM) and the three prosecutors conducting the investigation are assigned to handle the files of the TEM.

Recalling that "the defendant's request for release after a month behind bars was rejected on May 24, 2019 and just five days later, he was released", lawyer Öner said, "This is not a normal situation."

Mentioning the reports of the Forensic Medicine Institution and the National Criminal Bureau that police officer K.B. shot directly at Hantaş, Öner said, "It is said in the statements that there is a bomb. It is not the case. They are misleading the court in a consensus. The person passed the police, there is no longer any imminent danger. The person is shot behind the back, a bullet that enters from the back of the head." Öner demanded arrest.

Rejecting the request for arrest, the court board has ruled that an on-site examination shall be held at the scene of the incident on October 4. The next hearing will be held on November 9, 2021. (AS/SD)