Prosecutor as Lawyer for Festus Okey

The latest hearing of the case about the murder of Nigerian refugee Festus (Fastos) Okey took place on 29 September before the Beyoğlu 7th Court of First Instance. Okey was shot in the Beyoğlu (central Istanbul) Police Center on 20 August 2007. Defendant police officer Cengiz Yıldız now serves at the Kağıthane (Istanbul) Police Center.

Lawyer Taylan Tanay from the Contemporary Jurists Association (ÇHD) has followed the case from the beginning. He comments: "If the court had accepted the claim for allowing plaintiffs, the case would have taken an entirely different course".

Tanay and the Helsinki Citizens Assembly (hCa) Refugee Program Coordinator Özlem Dalkıran indicated the fact that the claims for plaintiffs had been rejected several times on the grounds that they had not been "directly damaged". So at last only a prosecutor was left as Okey's lawyer. Since the CHD is not allowed to join the case, this means that only the prosecutor and the judge are allowed to cross-examine the defendant and witnesses in order to clear up the contradictions currently existing. Okey's family, which lives in Nigeria, is not represented.

Dalkıran explained: "Festus's lawyer is a prosecutor. That is his duty. The person who has to put forward the necessary requests before the court and who will insist on fulfilling justice for the murder of Okey is a prosecutor. He is supposed to defend Okey's rights but he has not made one single claim to the court. He behaves like a spectator".

"Shame for the name of law"

The case is pending for months. In the hearing on 14 February 2008 defendant Yıldız's lawyer said: "This person's name is not Festus Okey, the fugitive came with a visa, the name Festus Okey was given to him later. Is he maybe a terrorist?" The court decided to wait for the confirmation of Okey's identity from Nigeria. Also the latest hearing was adjourned to 29 December in order to wait for further information.

Okey's asylum application and his identity details are on hand at the United Nations High Commissioner for Refugees (UNHCR) which did not request to be involved in the case. The UNHCR does not join cases in Turkey as a party to an action.

Tanay said that the Nigerian Embassy did not show concern to the case apart from sending an observer to the hearing.

Tanay pointed out: "The current state of the case is a shame for the name of law. A sort of impunity assurance has been given to the police. The public's interest has also decreased. If we do not want new deaths like the one of Festus Okey, this case has to be followed".  

According to Tanay, first of all the prosecutor can step in to remove the obstacle for the proceeding of the case and verify Okey's identity. He can request to obtain this information from the UNHCR.

Family's mandate could not be acquired

ÇHD tried to get hold of Okey's family in order to take a letter of authority and represent them in the case. However, they did not succeed. The hCa tried to find Okey's family, who lives in a remote village, via rights organizations in Nigeria. Yet, due to a lack of resources of the Nigerian rights organizations this attempt failed as well. The hCa now thinks about Turkish rights defenders going to Nigeria to take the mandate.

Dalkıran drew attention to the fact that Okey changed his name and his religion, thus his family's name is different, adding that the meaning of the actual family's name means "love". "If the bureaucratic procedures are too difficult, it might be necessary to confirm the identity with a DNA test".

Lack of crucial evidence

Meanwhile, the shirt Okey wore when he was shot is missing as one of the most important pieces of evidence. The investigation into the loss of the shirt entered an order of nolle prosequi. The gun Okey was shot with was taken from Yıldız and given to the bailee at law only several months after the incident. (TK/VK)