Appeals dismissed, Metin Lokumcu case to be held by heavy penal court

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10 years ago, on May 31, 2011, police officers intervened in a protest demonstration in Artvin's Hopa in the Black Sea region before the rally of the then Prime Minister Recep Tayyip Erdoğan. Affected by the pepper gas, Metin Lokumcu had a heart attack and lost his life at the hospital.

An important development has recently occurred in the trial over the death of retired teacher Metin Lokumcu.

At the previous hearing in June 2021, the Trabzon 2nd Penal Court of First Instance gave a decision of lack of jurisdiction. The police officers who are on trial over the death of Lokumcu appealed against this decision foreseeing the case to be held by a heavy penal court. With their appeals rejected, the trial will now be held at the Trabzon 2nd Heavy Penal Court.

'We have finally come to the point we requested'

The "Metin Lokumcu Case" Twitter account has announced the decision on social media in the following words:

"The appeals against the trial of 13 police officers being held at the Heavy Penal Court have been rejected. After 10 years, 3 months, 21 days, we have finally come to the point that we requested and that should have happened. Our case will now be heard by the Trabzon 2nd Heavy Penal Court. When the day of the hearing is announced, we will be in Trabzon together. We will keep struggling for justice with the will of teacher Metin."

'This case exceeds our jurisdiction'

On June 28, 2021, at the second hearing of the trial where 13 police officers were charged with "reckless killing" over the death of Metin Lokumcu, the board of the penal court of first instance gave a decision of lack of jurisdiction as they concluded that "considering the evidence, the case exceeded their jurisdiction". Since the trial began, the lawyers of the Lokumcu family had been demanding that the file of the case be sent to a heavy penal court, instead of being held by a penal court of first instance.

'It cracks a door open'

Meriç Eyüboğlu, the lawyer of the Lokumcu family, told bianet the following after the decision of lack of jurisdiction:

"It is a bittersweet joy for us that the file has been sent to the heavy penal court. The practice of trial and the history of the case do not give us much hope. But the fact that the file is sent to the heavy penal court cracks a door open. The lawyers of some police officers appealed against the file being sent to the heavy penal court. That was something we were expecting.

"The heavy penal court will decide whether it has the jurisdiction to hear the case or not and set a date for the hearing. There is also the judicial recess ahead. If the court thinks that it does not have the jurisdiction, the case will not be heard at any of the two courts and the file will be sent to the Court of Cassation. What we want is for the trial to be held at a heavy penal court."

'We will always seek justice'

Speaking to bianet about the course and future of the case as well, Metin Lokumcu's son Ulaş Lokumcu said:

Our quest for justice will always continue. We believe that the more this trial is heard, the fairer it will be. We have always expected support from everyone. Everyone used to love teacher Metin. He was like a peace envoy on the battlefield. We will try to ensure that justice is served. The result we will get here can prove that pepper gas is a weapon."

What happened?

Retired teacher Metin Lokumcu lost his life after having a heart attack as he was affected by the pepper gas used by the police and the blows he received during the incidents that occured during and after the rally of the then PM Recep Tayyip Erdoğan in Hopa, Artvin on May 31, 2011.

On the day of the incident, Lokumcu stood in front of the police with his hands behind his back, calling out to the police, "Come on, take me and save the country." This picture was then reported in the press.

70 people were detained as part of the investigation into the incidents and 16 of the detained were arrested. These persons were released afterwards.

Following Lokumcu's death, the then Prime Minister Erdoğan talked about him at the publicity meeting of the "Turkey is Ready, Target is 2023" project in İstanbul. "And, in the meantime, one of them had a heart attack... I don't know his identity... But I don't feel the need to dwell on it... He has died of a heart attack," said Erdoğan about Lokumcu.

Case transferred to Trabzon

Upon the request of the local court in Hopa, the 5th Penal Chamber of the Court of Cassation gave a decision on December 21, 2020 and ruled that the trial over the death of Metin Lokumcu should be transferred to the Trabzon Penal Court of First Instance "for security reasons."

In the justification of this decision, the Court of Cassation referred to the "possibility that social incidents and provocation might arise."

The 5th Penal Chamber of the Court of Cassation transferred the case to Trabzon as it came to the conclusions that "social incidents might erupt and the parties might face serious threats even when security measures were taken, which might lead to a failure to hold the trial in an orderly manner and pose a clear and imminent danger to public security." (KÖ/SD)