Trial of Metin Lokumcu, who died during police intervention at 'Erdoğan protest': Prosecution says he wouldn't have died if they had dispersed

In the trial regarding the death of Metin Lokumcu, who passed away during a police intervention while protesting Tayyip Erdoğan in Hopa, the prosecution blamed the protesters in its final opinion and requested the acquittal of the police officers.

Before the rally on May 31, 2011, police intervened with tear gas and plastic bullets against a protest led by the Freedom and Solidarity Party (ÖDP), Halkevleri, and the Socialist Party of the Oppressed (ESP).

NINE POLICE OFFICERS ARE BEING TRIED AS DEFENDANTS

According to a report by Can Bursalı from Duvar, retired teacher Metin Lokumcu suffered a heart attack and died during this intervention. In the case filed, the then-Artvin Provincial Police Chief Muhsin Armağan, Deputy Provincial Police Chief Tayfun Vardarlı, Hopa District Police Chief Fatih Ünlü, Erzurum Riot Police Branch Deputy Chief Erol Darcan, and 9 police officers who used gas are being tried as defendants. The defendants are accused of causing death by intentional injury under Article 87/4 of the Turkish Penal Code.

ANNOUNCEMENT CITED AS JUSTIFICATION

In the final hearing of the case held at the Trabzon 2nd High Criminal Court in June, the prosecution presented its final opinion. Noting that autopsy reports indicated Lokumcu had chronic cardiovascular disease, the opinion stated that police chiefs issued warnings, saying, "Those with asthma or heart conditions should not wait here; we will intervene."

The opinion also included the following statements: "The deceased Metin Lokumcu was among the protesting group, and the law enforcement personnel intervened against the crowd that did not disperse despite the warnings of the law enforcement officers, within the scope of Article 16 of the Law on Duties and Powers of the Police (PVSK); during this intervention, tear gas was used, and subsequently, the deceased fell ill and was taken to the hospital by an ambulance present at the scene..."

The prosecution included in its opinion the following announcement, which it stated was made by the then-Hopa Police Chief Fatih Ünlü:

"Disperse from here; when you do not disperse, we will intervene against the crowd here. Those with asthma, heart conditions, or respiratory illnesses, please, those with asthma or heart conditions should not wait here, (4th time) those with asthma or heart conditions should not wait here."

'NO DATA INDICATING DEATH FROM TEAR GAS'

Pointing out that the redness on Lokumcu's chest occurred due to the application of an electroshock device, the prosecution also argued that no data could be obtained indicating that tear gas caused his death. According to the prosecution, which argued that the conditions for the crime of intentional killing were not met, Lokumcu's death occurred because the group did not disperse despite the warnings. In the opinion, the separate acquittal of the defendants was requested.