Request for expert witness once again denied in Metin Lokumcu case

The trial of 13 police officers who are being prosecuted for causing the death of retired teacher Metin Lokumcu in the events that occurred before and after an AKP rally in Hopa, Artvin on May 31, 2011, continued.

In its interim decisions, the court rejected expert examination of the original versions of the video footage in the case file, and denied the request for an on-site investigation but decided to hear the remaining witnesses in the next hearing. 

Yesterday's hearing

Metin Lokumcu's family and their lawyers attended yesterday's (October 26) hearing at Trabzon 2nd Heavy Penal Court.

Witnesses from different cities participated in the hearing via the Audio and Video Information System (SEGBİS).

Police officer A.D, who was assigned to the Riot Police Branch of the Erzincan Police Department at that time and connected via SEGBİS from Kırşehir Heavy Penal Court, stated that the signature on the incident report belonged to him.

Witness A.D, who mentioned that he was assigned to the Water Cannon Vehicle (TOMA) due to the rally that the then Prime Minister Recep Tayyip Erdoğan was going to hold in Hopa, explained that they attempted to disperse the crowd by spraying water using TOMA.

Witness M.Ö., who connected via SEGBİS from Antalya 4th Heavy Penal Court, stated that he could see the events through the armored vehicle's window, THAT couldn't use the vehicle much due to a malfunction and claimed that he didn't have direct involvement.

Police officer H.T., who connected from Izmir 3rd Heavy Penal Court, claimed that he was responsible for the transfer of those who were detained during the events and that he didn't witness the interventions as he was at the vehicle.

H.Ç.K, who was the Deputy Chief of Police in Hopa at that time and attended the hearing as a witness from Çaycuma Courthouse, stated that he was in the field next to the district governor on the day of the events.

Interim Decisions

After the testimony of the prosecutor and lawyers, the court adjourned the hearing to a later date, deciding to hear the remaining witnesses, rejecting the expert examination of the original versions of the video footage in the case file, and denying the request for an on-site investigation.

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/PE)