Development in the Ali İsmail Korkmaz case: Police officer's sentence upheld

The Constitutional Court had ruled that there was a violation of rights in the individual application made by the family of university student Ali İsmail Korkmaz, who was beaten during the Gezi Park protests in Eskişehir on June 2, 2013, and lost his life in the hospital where he was taken.

The High Court had also decided that a copy of the decision be sent to the Kayseri 3rd High Criminal Court for a retrial of the defendant police officer H.E., who had been "sentenced to 7 months and 15 days in prison with the announcement of the verdict deferred," in order to eliminate the consequences of the violation of the prohibition of torture.

COURT UPHELD THE SENTENCE

In the retrial, the Kayseri 3rd High Criminal Court had ruled that the defendant H.E. be sentenced for the crime of "simple assault." Upon the appeal of the decision, the 1st Criminal Chamber of the Court of Cassation stated that the material and moral elements of the crime of "torture" regulated in the Constitution had not been formed and that there was no illegality in the examination of the mentioned grounds for appeal.

For the reasons stated, the Chamber decided to reject the appeal request and uphold the 7-month and 15-day prison sentence given to the defendant H.E. by the local court.

WHAT HAD HAPPENED?

The family of university student Ali İsmail Korkmaz, who suffered a brain hemorrhage as a result of the intervention of civilians and law enforcement officers during the demonstrations held in Eskişehir during the Gezi Park resistance and lost his life in the intensive care unit of the hospital where he was taken, had made an individual application to the Constitutional Court.

The First Section of the Constitutional Court had unanimously ruled that the prohibition of torture had been violated and that a total of 67 thousand 500 liras in compensation be paid to the applicants.

The High Court had decided that a copy of the decision be sent to the Kayseri 3rd High Criminal Court for the retrial of the defendant police officer H.E., who had been sentenced to 7 months and 15 days in prison with the announcement of the verdict deferred, in order to eliminate the consequences of the violation of the prohibition of torture.

On January 17, the Kayseri 3rd High Criminal Court had sentenced the defendant to 7 months and 15 days in prison for the crime of "intentional simple assault" again and had decided that there was no room for the deferment of the announcement of the verdict.