Suspicious death of retired general's son reaches court after 6 years

The file regarding the death of the son of retired Major General Ethem Büyükışık has reached the court after 6 years. Müyesser Yıldız wrote about the hearing held today:

An important stage has been reached in the struggle waged by retired Major General Ethem Büyükışık against the closure of the case regarding the death of his 26-year-old son Dorukhan, who was found dead at a construction site in İzmir nearly 6 years ago, under the label of "suicide." In the case, which was reopened after the father, Büyükışık, met with numerous state officials, two non-commissioned officers serving at the Gendarmerie Criminal Laboratory appeared in court today, facing up to 7 years in prison on charges of obscuring audio recordings from the crime scene. While the defendants denied the accusations against them, Father Büyükışık stated that no investigation into the incident had been conducted for 2 years, and that when the İzmir Chief Public Prosecutor saw there was nothing in the file, he said, "I apologize to you on behalf of the state."

The first hearing of the case, held today at the Ankara 18th Criminal Court of First Instance, was attended by the two accused non-commissioned officers, the complainant retired Major General Ethem Büyükışık, and their lawyers. At the beginning of the hearing, where many of his fellow officers, led by Turkey Retired Officers Association (TESUD) President retired Lieutenant General Erdoğan Karakuş, were present to support Büyükışık, the Judge addressed Büyükışık, saying, "My condolences. I understand your pain, I have read the file. It would be healthier if we do not turn the file into a case of intentional killing and remain limited to the indictment."

One of the defendants, O.K., stated that he has been a non-commissioned officer for 23 years, has served as an audio analysis expert since 2015, and has examined nearly 700 files to date without ever facing such an accusation. He explained that the Gendarmerie Criminal Department is an accredited institution, that they are audited every year, and that they conduct examinations according to world standards. O.K. continued as follows:

"We went over the CD sent by the İzmir Chief Public Prosecutor's Office again and again and transcribed the conversations we agreed upon. We write down what we hear. For parts that are not clearly audible, we specify the duration and put '(.....)' or say 'Unintelligible.' Ethem Büyükışık claims in his complaint petition that we prepared our report after seeing the statements of the suspicious police officers. This is absolutely not true. We have not seen or known either the statements or the police officers. We had no contact. This allegation itself is fabrication of a crime. I am innocent, I request my acquittal."

The other defendant, non-commissioned officer O.B., noted that they did not know the parties involved in the incident and were only doing their jobs, saying, "There is nothing to do with us."

Upon the judge's question, both defendants stated that they absolutely did not accept the deferment of the announcement of the verdict in the event of a possible conviction.

CAN THE STATE NOT FIND TWO POLICE OFFICERS?

The plaintiff, retired Major General Ethem Büyükışık, also said the following:

"I am a complainant. After my child was murdered in 2018, the videos and photos taken were hidden from us for 2.5 years. I obtained 7 of the 14 videos with my own means. The videos in our possession reveal how the crime was committed and how the evidence was tampered with. We understand that there were two police officers named Cüneyt and Emre at the scene, and that they left their voices on the recordings by opposing the cover-up of the incident. Both names are being sought by both the Minister of Interior and the Director General of Security. Because they all heard these conversations with their own ears."

Büyükışık, who answered the intervening judge's question, "Is it not clear who they are?" by saying, "No, it is clear. Their testimony is being prevented," continued his words as follows:

"Autopsy photos were also hidden from us for years. Even the Forensic Medicine Institute provided a fake report three times. Over 20 police officers, including three police chiefs, admitted that they did not collect the evidence, meaning they admitted their crimes. The doctor who first examined my son came to me; he said, 'Your son did not fall from a height, he did not commit suicide. There are three possibilities: either poisoning, a heart attack, or he may have been beaten. Get an autopsy report.' When I called 15 days later, the doctor said, 'He did not fall from a height, he was beaten to death. Hire a very good lawyer. Because the police are trying to close the file.' I asked why; he said he didn't know. When the teams in İzmir changed, I met with the İzmir Chief Public Prosecutor and his deputies 2 years later. The Chief Public Prosecutor had the file brought. When he saw it was empty, he said, 'I apologize to you on behalf of the state.' The Minister of Justice, his deputies, the Minister of Interior, the Director General of Security, and the Gendarmerie commanders listened to those audio recordings. The voices are understandable even in a noisy environment, not just in the laboratory. They all accepted the crime."

Upon these final words of Büyükışık, the Judge said, "They do not concern us."

Lawyer for the accused non-commissioned officers, Ergin Kılıç, argued that the expert witness Levent Güner, whom the plaintiff side wanted to be heard, was a fellow officer of Ethem Büyükışık, that he had made many posts on social media about this issue, and therefore he could not act as an impartial expert and the report he provided could not be accepted. Arguing that the prosecution made a mistake by basing its case on Levent Güner's report instead of sending the file to an expert, Atty. Kılıç also noted the following:

"The person who actually committed the crime attributed to my clients is Levent Güner. Ethem Büyükışık says in an interview that he went to the Director General of Security and the chief prosecutors. So, can all these state cadres not find two police officers? They cannot find them, because those police officers do not exist."

Atty. Kılıç also requested that the videos be sent to the Forensic Medicine Institute for expert examination, that an on-site inspection be conducted at the Gendarmerie Criminal Department and some names working there be heard as witnesses, and that the administrative investigation report prepared by the Gendarmerie General Command be brought to court.

CRIME SCENE CONVERSATIONS WERE PLAYED BUT

After Atty. Kılıç's statement, the Judge announced that he had listened to the conversations in the footage and would play them in the courtroom shortly.

Retired Major General Ethem Büyükışık's Lawyer İlter Aksoylu also summarized the following:

"We have enough reasons to be suspicious. The reason is that dozens of contradictions have come together. It cannot be a coincidence that so many contradictions come together; it becomes evidence. The defendants' lawyer expressed an opinion against the expert we wanted to be heard. The reasons for the rejection of an expert are the same as the reasons for the rejection of a judge. There is no harm in preparing a report about a friend while remaining committed to science, law, and morality. He requested a report from Forensic Medicine. We emphasized repeatedly that the death report was fake. We do not trust Forensic Medicine, we have filed a complaint. We have hostility. It can be sent to Istanbul University or TRT. The indictment against the police is ready. The result of the appeal for the benefit of the law is awaited. No matter where you hold it, this file is falling apart."

After the statements were completed and the Prosecutor gave his opinion, the Judge, while handing the crime scene video recordings to the clerk to be played, warned, "Afterwards, I will not ask anyone anything and will refer this to a 5-person expert committee. I will not give anyone the floor, let this be known."

The recordings in question were played in the courtroom, but since nothing could be understood, the Judge said, "No one here has understood anything. That is why we will send it to an expert for a sound determination."

Upon this, both the defendants and Büyükışık's lawyer, İlter Aksoylu, stated that they could provide the opportunity for clear listening in the courtroom, to which the Judge, pointing to the bailiff, spoke as follows:

"Mr. Ethem struggled for two days to find these two speakers. No, there will be an argument now. I don't like such things. It is best that the expert does his job."

While the next hearing was adjourned to May 8, retired Major General Ethem Büyükışık, who made a press statement in front of the Courthouse with his fellow officers after the hearing, said the following:

"We came to take the first step in the legal struggle we have been waging for nearly 6 years. Unfortunately, our son will not come back; but we will definitely find the murderers of this murder, those who protect them, and those who obscured the evidence, and bring them to justice. I would like to thank the Minister of Justice, Mr. Yılmaz Tunç, our Deputy Ministers of Justice, the General Director of Criminal Affairs, and the Office of the Supreme Court Chief Public Prosecutor. They paved the way for the file, which is currently sent to the 1st Criminal Chamber of the Supreme Court with their opinions for the benefit of the law. They prevented the cover-up of a murder. I am grateful to them. I have full faith that justice will be served, albeit late. The Turkish Nation needs to feel safe, to believe in justice, and to hope for the state's justice. I want to believe that all institutions will do their best to solve this murder now by not repeating the mistakes they have made so far."

TESUD President retired Lieutenant General Erdoğan Karakuş also stated that they came to share Ethem Büyükışık's pain and said, "If there are criminals, let them be revealed."

News Source: 12punto