Right to Life

The Antalya 3rd High Criminal Court has sentenced police officer Mehmet Ergin to sixteen years imprisonment.

Ergin had shot Çağdaş Gemik, an eighteen-year-old, on 27 October 2008. The shot in his neck had killed the young man.

Police officer "slipped"

The police officer had said that Gemik and his friend Halil Keşifçi had been on a motorbike and had ignored his warning to stop. When they fled, this was "effective resistance", and so he felt entitled to use his weapon. He said that he first fired a shot in the air, and then ran after them and slipped, at which point another the shot that hit Gemik was fired.

Gemik's family have not believed this account and accused the officer of intentionally killing their son.

Their lawyer, Münip Ermiş, told bianet that the court had convicted the police officer of "probable intentional killing" rather than "manslaughter" because the officer did not know Gemik, there was no animosity between them, and because he shot in order to make him stop.

The lawyer said, "Had he been convicted of manslaughter, he would have received a life sentence, which would have been 27 to 28 years after reductions. The term 'probable intention' means that he was able to predict the result of his action but was not concerned about it."

A powerful message

Referring to a change in the Law on Police Duties and Authorities in June 2007, Ermiş said, "After the new law which brought more authority, the police started to believe that they could beat or hit whomever they wanted without any consequences. This sentence may change this perception. This has been the highest sentence handed down to a police officer since the legal amendment. It sends the important message that they will not go unpunished if they use guns and apply violence."

Ermiş calls for a change in the police law, so that the use of weapons is only permitted in situations of extreme distress.

He believes that the police officer will appeal, but has expressed their readiness to insist on the killing having been intentional.

Prosecution argued for manslaughter

The prosecution in the case had cited seven reasons for believing that the shooting was intentional:

1. The motorbike that Gemik was on could have been identified by the license plate.

2. The incident happened during daytime.

3. Gemik was not on a police list of wanted people. 

4. Gemik did not resist.

5. The police does not have the authority to shoot in such a situation.

6. The police officer is experienced and cannot use the excuse of having slipped.

7. The shot targeted a part of the body whose injury would lead to death.

Amendment has brought many deaths

According to a recent report by the Turkey Human Rights Foundation (TİHV), there have been 53 deaths due to police violence since the amendment of the law two years ago. Of these 13 died in detention centres, while 40 were killed by police bullets when the police shot after warnings to stop, intervened in demonstrations or raided homes. 53 more people were injured.

In the same period, there were 416 reported incidents of torture and maltreatment. (TK/AG)