Justice Ministry To Decide If Tursun Family Is Tried Under Article 301

The second case that was filed against the three members of the Tursun Family, who lost a son to a police bullet and later criticized and condemned the nature of the trial proceedings that followed the killing, was also sent to the Ministry of Justice in accordance with article 301 of the Turkish Penal Code (TCK). Baran Tursun was killed by a police officer while driving his car.

Complying with the new version of article 301, which went into effect on May 8, Karşıyaka’s 3^rd Criminal Court of First Instance in Izmir decided to send the case file for Mehmet Tursun, Berna Tursun and Şelale Tursun, victims father, mother and sister, respectively, to the Ministry of Justice.   

The 301 case will continue if the ministry gives its approval

In addition to the Tursun family, who are facing six year jail time, complainant police officers Naci Kuru, Bülent Girgin and Oral Emre Atar were also at the hearing on July 15.

When the court released accused police officer Atar on January 14, the Tursun Family’s reaction outside the courthouse in Karşıyaka was highly vocal, leading to their being sued for insulting the institutions and organs of the Turkish state under article 301. If the Ministry of Justice approves the case, the trial will continue; otherwise, it will be abated.

Father Tursun is sued for “interfering in the judicial process”, “publicly denigrating the judicial organs and the police organization” and “making death threats” to the three police officers.

Baran Tursun’s sister and mother are sued for “insulting and making death threats”, publicly denigrating the judicial organs and the police organization” and “interfering in the judicial process.”

“Would you stop going after them if they killed your son”

Berin Tursun is sued for saying “I will take out your eyes myself” and Şelale Tursun for saying “It will serve as a lesson, there will be as many news of that police officer and those who helped him as there was of Baran’s, I promise from here, let him be acquitted, we are not suing him, let him go free.”

Karşıyaka’s 5th Criminal Court of First Instance had, too, decided on June 13 to send the file of the Tursun Family to the Minister of Justice. In this case, they are on trial for “interfering in the judicial process” and “denigrating the government, the justice system, the military and the police force.”

32 sentences in 103 cases filed under article 301

Replying in written to the questions regarding article 301 asked by Recep Taner, Aydın deputy for Nationalist Movement Party (MHP), Justice Minister Mehmet Ali Şahin stated that 32 people were sentenced in 103 cases filed under article 301 and 74 people were acquitted in the first three months of 2008. (EÖ/EZÖ/TB)