Prosecutor demands penalization for ‘killing with gross negligence’

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The hearing of the lawsuit filed into the killing of 15-year-old Berkin Elvan in İstanbul during Gezi Resistance in 2013 continued at the İstanbul 19th Heavy Penal Court in Çağlayan today (January 29).

Shot in his head with a tear gas canister fired by a police officer in İstanbul, Elvan lost his life on March 11, 2014, 269 days after being shot.

Pronouncing his opinion as to the accusations at today's hearing, the prosecutor demanded that police officer F.D. be sentenced to 2 years, 8 months to 9 years in prison on charge of "causing death with gross negligence." The next hearing of the case will be held on June 18.

Today's hearing was also the first hearing to be held after the penal of judges hearing the case was changed. Having defined the Gezi resistance as a "traitorous insurrection and vandalism", Galip Mehmet Perk, the recently appointed judge, had not yet taken office and, for this reason, a temporary panel of judges presided over the hearing

CLICK - 'Judge calling Gezi "traitorous insurrection" should withdraw from Berkin Elvan case'

Atalay: Presiding Judge should withdraw

After the prosecutor of the hearing said that his opinion as to the accusations was ready to be pronounced, Can Atalay, an attorney for the Elvan family, took the flood and reminded the court board about the petition requesting the withdrawal of the new presiding judge from the case.

Defining the situation as an "absoulte crisis of unlawfulness", attorney Atalay said, "We stated that, at this stage, not recusal, but the presiding judge's own withdrawal was necessary."

Noting that the new judge once defined Gezi as "vandalism", Atalay raised concerns that the judge "accepted Mevlüt Saldoğan, who threw the last kick to Ali İsmail Korkmaz, as an aggrieved party to the case."

"Even the allegation that the judge liked a tweet where Berkin Elvan was called a 'terrorist' is enough for his withdrawal," Atalay said.

"While the executive is interfering with the judiciary so recklessly, we do not demand recusal, because this system is problematic. That is why he needs to withdraw from the case," underlined the attorney.

Prosecutor's opinion

Upon the request of Akçay Taşçı, another attorney for the Elvan family, the prosecutor read out his opinion as to the accusations.

The opinion of the prosecutor referred to the defense statement of defendant police officer F.D. as well as the expert reports added to the file throughout the investigation and prosecution phases.

Indicating that there was no need to extend the investigation as these statements and reports were enough, the prosecutor demanded that F.D. be penalized on charge of "killing with gross negligence."

Next hearing is on June 18

After the prosecutor's opinion was read out, the temporary panel of judges heard the defendant. Defendant police officer F.D. requested additional time to make his defense as to the accusations.

The next hearing of the case will be held on June 18 at 10.30 a.m. At this hearing, the Elvan family and the defendant police officer will present their statements as to the accusations.

From life sentence to 9 years in prison

As per the Turkish Penal Code (TCK), a person convicted of "killing with gross negligence" shall be sentenced to 2 years, 8 months to 9 years. But, the indictment demanded that the defendant be penalized on charge of "killing with eventual intent", which foresees a life sentence.

What happened?

On June 16, 2013, Berkin Elvan was hospitalized due to grave head injuries after the police intervention in the district of Okmeydanı in İstanbul. When he was admitted to the Okmeydanı Research Hospital, his heart had reportedly stopped already.

Suffering from a brain hemorrhage, Elvan went through at least five surgeries. On January 5, 2014, Elvan turned 15 in his comatose. He died on March 11, 269 days after being shot.

While the prosecutor investigating the incident was changed for six times, the investigation was completed on December 7, 2016. Prepared by the İstanbul Chief Public Prosecutor's Office, the indictment demanded that police officer F.D., who was referred to as the only defendant, be penalized on charge of "killing with eventual intent."

The 11-page indictment sent to the İstanbul 17th Heavy Penal Court has been accepted. A verdict of non-prosecution has been given for 42 police officers, who previously made their depositions as part of the investigation into the death of Elvan.

Speaking to bianet, Oya Aslan, one of the attorneys for the Elvan family, stated that a lawsuit was filed only against a single police officer who was on the scene of incident and added that since the lawsuit was filed for "killing with eventual intent", rather than for "wilful murder", it has reduced the foreseen prison sentence to 20 years.

The case is still continuing.

(HA/SD)

BERKİN ELVAN CASE