On Thursday, 22 January, was the second hearing of a case in Kadiköy’s 1st Heavy Penal Court (Istanbul). 19-year-old Yasin Kırbaş stands accused of looting and robbing, while the police offcer who shot Kırbaş, Bülent Okumuş, is accused of attempted homicide.

The case wil continue on 26 March. The court again rejected a demand to arrest the police officer involved; however, the arrest warrant for Kırbaş, who is in hospital, still remains valid.

Contradictory statements

Police officer Okumuş claims that Yasın and his friends approached him, asking for cigarettes. When he refused, they are supposed to have said, “Either give us cigarettes or your mobile phone.” Okumuş said that they smelt of glue and that he was afraid. In order to frighten the young men, he said, he was planning to show them his licensed gun. At that point, so Okumuş, Yasin and he began a struggle, during which the gun went off.

According to Kırbaş’ statement, Okumuş, dressed in plain clothes, was sitting in Moda Park (Istanbul) with a woman in the evening, drinking alcohol. When they asked him for cigarettes, he got angry and insulted them. When they answered back, so Kırbaş, he chased them with his gun, caught Kırbaş, brought him down and shot him.

Forensic report will bring clarity

The court is waiting for a forensic report to determine how the bullet entered Kırbaş’ body.

Kırbaş’ lawyer Rahşan Aytaç says that the case against the police officer was opened with a claim to legitimate defence. However, so Aytaç, witness statements are contradictory, and only the forensic report will bring clarity. She fears that the police officer will remain unpunished and emphasises that he feels no remorse. Rather, he felt justified in his actions.

Delay in treatment

Murat Kırbaş, father of Yasin, told bianet that the first hospital where his son was taken to has asked for a transfer to a more suitable rehabilitation unit. “Although we presented the transfer document to the court on 4 December, he is still lying in [the first] hospital with a police officer at his side, because the arrest warrant against him has not been lifted. Is my son going to wait to die? Can a paralysed person flee? How can they not lift the warrant?”

He added that he was working on a minimum wage and found it difficult to pay the costs of his son’s (albeit incomplete) treatment, as well as the costs to attend the court hearings.

Okumuş not unknown to public

Okumuş has been in the news before. When on duty at Moda police station, he asked lawyer Muammer Öz for his ID. When the lawyer asked him to identify himself first, the police officer attacked the lawyer and broke his arm. Okumuş is now on active duty in Tunceli, central Anatolia.

Two friends of Kırbaş who were witnesses to the event and had been detained in Maltepe prison (Istanbul) for around six months, Emrah Çağlıoğlu (21) and İsmail Bozkuş (21) have been released.

Three underage defendants detained since June

Three other friends, who are being tried before a children’s court because they are underage, are still in detention. Their lawyer, Elif Koç said they have been charged with “armed robbery” despite no gun having been found on their persons. They have been in detention since 18 June 2008. (EZÖ/AG)