Metin Lokumcu 'died of heart disease' ruled! Details of the reasoned decision on 12Punto

Hazal Güven - 12punto.com.tr

When the calendar showed May 31, 2011, major protests took place in the district of Hopa, Artvin, before a rally that the then-Prime Minister Recep Tayyip Erdoğan was set to attend, and retired teacher Metin Lokumcu lost his life after being exposed to intense chemical gas.

The reasoned decision has been announced in the case opened following Lokumcu's death, in which 13 police officers were tried on charges of "causing death by negligence." In the reasoned decision announced by the Trabzon 2nd High Criminal Court, it was stated that Lokumcu did not lose his life because he was exposed to intense tear gas, but rather died due to a heart condition he had. The decision also stated that the 13 defendant police officers intervened in the actions in accordance with the law, and that the protesting citizens were organizing an anti-government protest rather than just objecting to the HES (Hydroelectric Power Plant) project.

In its reasoned decision, the court stated that it took into account the forensic examination and autopsy report of the Hopa Chief Public Prosecutor's Office and included the following statements:

“Although Lokumcu was directly exposed to tear gas, it is understood that there was no physical intervention when the footage and autopsy report are taken into account, that the unrest increased after the protesters announced the news of the deceased's death, that when the injured police officer was taken to the hospital, an action was carried out by gathering around the hospital to prevent intervention for the injured, that intense intervention occurred at this stage, and that it is not possible to speak of the deceased being exposed to intense tear gas.”

The Lokumcu family's lawyer, Meriç Eyüboğlu, and Metin Lokumcu's son, Ulaş Lokumcu, evaluated the announced reasoned decision for 12Punto.

Lawyer Meriç Eyüboğlu began her words by reminding that the indictment for the case opened regarding the death of Metin Lokumcu was prepared exactly 9 years and 5 months later.

“Metin Lokumcu was killed on May 31, 2011. However, the preparation of the indictment took 9 years and 5 months. I still remember my astonishment when the indictment was served. Because, in fact, not all perpetrators were being tried, because, in fact, the perpetrators were very careless. But still, even if it was 9 years and 5 months later, there was an indictment. Even if not all perpetrators were there, even if the charges against the perpetrators were insufficient, we still had hope that we could start from somewhere. At the point reached, the reasoning for the acquittal decision has also arrived. It was already clear that an acquittal decision was coming. But we didn't know what the reasoning would be. My guess was that the reasoning would be something like it was not very clear whether Metin Lokumcu died due to chemical gas or not. The whole discussion had been conducted over this.”

‘THERE ARE DOZENS OF IMAGES WHERE YOU CANNOT SEE A THING DUE TO CHEMICAL GAS’

“In summary, the reasoning says this; the intervention carried out by police officers in Hopa that day is a lawful intervention. And because it is lawful, Metin Lokumcu may have been killed in the end. People may have been injured. There are dozens of images and photographs where you cannot see a thing due to the chemical gas used. There are dozens of images showing that shops, houses, hotels, and everywhere were intervened in by the police with chemical gas and batons. In addition, there is the report of the inspector appointed by the Ministry of Interior at that time. A report we obtained from the administrative case file. There are transcripts of conversations between police officers, certain minutes, and radio communications there. Because their gas stocks ran out, they are requesting gas reinforcements from the center. Think about it, so much gas is being used that riot police are coming from 7 different provinces, gas stocks are coming. We are talking about such a day. A day that everyone who lived through it describes by saying “we could have all died.” But the court found the events that happened that day and the police's intervention to be lawful. It is a place where words end.”

IF THE DECISION HAD NOT BEEN IN THIS DIRECTION, IT WOULD HAVE BEEN A PRECEDENT

Lawyer Meriç Eyüboğlu underlined that their legal avenues are not exhausted:

“It was a long journey, but it is not over. There is the regional court of appeal, the supreme court of appeal, the Constitutional Court (AYM), and the European Court of Human Rights (ECHR). We already have other files at the AYM and ECHR. We had made applications at various stages of such a long trial process. The legal process is of course continuing. We will go to the end. This case was not only important for Metin Lokumcu, the people of Hopa, or Metin Lokumcu's friends, in terms of ensuring that the perpetrators of a murder are brought to justice. In addition, it would have been the first case in which those responsible for deaths caused by chemical gases used indiscriminately, as they pleased, and without recognizing any rules in social events were tried and received punishment. It was also important in this respect. It would also have been important in terms of revealing that chemical gases used in social events are lethal and that police officers who use them in this way know that they will be punished.

‘CHEMICAL GAS SHOULD BE BANNED’

In any case, while Metin Lokumcu looks at us from 2011, I think he is also raising the demand for the banning of chemical gas in social events on the other hand. Whatever the result of this case, the use of chemical gas by the police in social events must be banned. No one else should be killed for this reason.”

One of the names we always saw at the forefront of the legal struggle given after Metin Lokumcu was Lokumcu's son, Ulaş Lokumcu. Ulaş Lokumcu did not let go of the legal struggle for a single day for the sake of trying the real perpetrators of the incident. Now, at the point reached, the announced reasoned decision perhaps hurt Ulaş Lokumcu the most.

Ulaş Lokumcu also reminds us of the subtext of the detail that draws the most attention regarding the reasoned decision. Although the court stated that Lokumcu's death developed due to heart disease and that the intense chemical gas he was exposed to did not cause his death, Ulaş Lokumcu reminds us that his father had not received a diagnosis of heart disease before and did not use any heart medication:

‘THERE WAS NEITHER A HEART DISEASE DIAGNOSIS NOR ANY MEDICATION HE USED’

“The reasoned decision reached us. We had gone to the final hearing with a little bit of hope. This hope of ours was not so much thinking that those being tried would be punished, but rather that we could prove that the main thing that caused my father's death was the intense chemical gas used there that day. The judge had sent a letter to all hospitals in the Black Sea region asking, ‘has he had any previous applications related to his heart?’ Even though there was no application in any hospital, and no medication he used, a decision was made saying ‘his existing heart condition caused his death.’

Based on the first autopsy performed 13 years ago, a second report was announced later, following our objections, which said ‘the chemical gases used also triggered this event.’ While making the decision, the court ignored this report as well. The fact that the judge, whom we thought listened to and understood us throughout the hearings, did not listen to us at all disappointed us greatly.

They legitimized his killing with the power of the state by portraying the police violence that took place in Hopa that day as a situation that should actually happen, ignoring the fact that there is no footage of my father showing any opposition or resistance, and ignoring my father's persistent attempts to calm the events. Like many families seeking justice, they disappointed us too. They chose to stoop so low as to say a perfectly healthy person ‘died of his own illness.’ This decision was made with a mentality that says ‘if he participated in the action there, he will also bear the consequences.’”

News Source: Hazal Güven

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