Two Defendants Acquitted in Case of Killing of Gezi Protester Ayvalıtaş

Click to read the article in Turkish

The final hearing of the case regarding the killing of Mehmet Ayvalıtaş has been held at İstanbul Anadolu 8th Heavy Penal Court.

Ayvalıtaş was killed after being hit by a car in a protest march on the Trans European Motorway (TEM) in Ümraniye, İstanbul. He was one of the 10 people killed during the 2013 Gezi Park protests.

The two defendants, Mehmet Görkem Demirbaş and Cengiz Aktaş, have been acquitted "due to absence of negligence."

After the announcement of the verdict, Volkan Ayvalıtaş, Mehmet's brother, said, "Even if you build the largest palace of justice in the world, you would have done in vain if there is no justice in it."

Ayvalıtaş's grandmother holds a photograph of him in a previous case.

"Expert reports are biased and baseless"

The expert reports concluded that the defendants are not culpable. Sevgi Evren, an attorney of the Ayvalıtaş family, said in the hearing that the reports are "contradictory, biased and baseless."

"All the tangible evidence proves that this is an act of deliberate killing of a person," she asserted.

"The breath test of the defendants regarding the incident that happened at 9 at night was carried out at 7.30 in the morning.

"Even the MOBESE [surveillance] footage was included in the file after we pushed for that. What is the reason for this fear and attempt to cover up [the incident]?

"Defendant Cengiz Aktaş, leaving his lane and overtaking the car that braked in front of him, deliberately drove into the crowd. When he needed to reduce speed, he speeded up and put the lives of people in danger."

The attorney requested the defendants be sentenced for deliberately causing a death.

Attorney Ayla Özabak said, "If the incident was considered an ordinary traffic accident, the necessary punishments would be imposed in two years at most. But because the incident happened during the Gezi, it has taken seven years."

Attorney Ömer Kavili also said, "This is Gezi case. This is the people's case."

The court, rejecting all requests by attorneys for the extension of prosecution, ruled for the acquittal of the defendants.

What happened?

Mehmet Ayvalıtaş lost his life on June 2, 2013, after being hit by a vehicle driving towards the crowd marching through the 1 Mayıs Neighborhood in Ümraniye. The death of Ayvalıtaş was registered as a car accident. The driver of the vehicle was released on probation after his deposition.

As part of the lawsuit filed into his death, defendants Mehmet Görkem Demirbaş and Cengiz Aktaş have been facing up to 15 years in prison on the charge of "causing reckless killing and injury" as per Article 85/2 of the Turkish Penal Code (TCK).

The case has not been concluded yet. In the expert report submitted to the court, it was stated that "Ayvalıtaş is the primary and total negligent party in his own death." The report concluded that the two defendants were not faulty.

In the 21st hearing of the case, the court ruled that the report to be prepared by the Extended Experts Commission of the Forensic Medicine Institute, Traffic Specialization Department shall be awaited. The case is still continuing.

(AS/VK)