‘Court Attempts to Vindicate Defendant Based on Abstract Evidence’

Heavy penal court has rendered decision of non-jurisdiction in the trial of Öner, who was hit to death by an armored vehicle. The file was sent to the court on charge of “willful murder”.

Ayça Söylemez

‘Court Attempts to Vindicate Defendant Based on Abstract Evidence’

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Diyarbakır 1st Heavy Penal Court has rendered decision of non-jurisdiction in the trial of Şahin Öner, who lost his life due to an armored vehicle hitting him in Turkey’s southeastern province of Diyarbakır four years ago. The file was sent to the court on charge of “willful murder”.

Speaking to bianet, his lawyer Abdullah Zeytun said, “the court ruled non-jurisdiction based on abstract evidence aimed at vindicating the defendant”, and added “the [court] committee rendering this verdict while there is this much evidence must be written down in history”.

Diyarbakır 1st Heavy Penal Court ordered the file to be sent to Antep Regional Ordinary Court for conflict resolution.

Zeytun told that they submitted their petition against the verdict of non-jurisdiction to the superior court, Diyarbakır 2nd Heavy Penal Court.

What happened?

Police intervened in the protest staged in Şehitlik neighborhood in Diyarbakır’s district of Yenişehir on February 10, 2013. 19-year-old high school student Şahin Öner lost his life.

Diyarbakır Governorship said, “he lost his life when one attempted to take the explosive from his hand”. However, according to the preliminary autopsy report, Öner “died resulting from being crushed in an accident”.

Human Rights Association (İHD) Diyarbakır Branch Vice Chair Lawyer Serdar Çelebi told bianet they examined Öner’s autopsy report and no trace of explosive could be found in the report to the contrary of governorship’s allegation.

Two eyewitnesses also testified that Öner died in an armored vehicle crushing him.

Besides, the İHD Diyarbakır Branch stated that despite fatal injuries, Öner was taken to a garden of a police station rather than a hospital, and then was taken to a hospital after being kept there for half an hour.

However, Office of the Chief Prosecutor Authorized Through Anti-Terror Law Article 10 rendered verdict of non-jurisdiction for the police driver of the vehicle on offense of “reckless homicide” and sent it to the prosecutor’s office. Following the investigation of four years, the case opened through this offense.

First hearing of the trial was held on June 29, 2017. Approving the Öner's family's lawyers demand, Diyarbakır 7th Criminal Court of First Instance ruled that it was a "willful murder" and sent the filed to the heavy penal court.

(AS/TK)

Origin

BIA News Desk

Ayça Söylemez

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Boğaziçi Üniversitesi Felsefe Bölümü mezunu. Mimar Sinan Güzel Sanatlar Üniversitesi Sosyoloji bölümünde yüksek lisans yaptı. Vatan, Akşam, HaberTürk ve Hürriyet gazetelerinin yazıişleri ve dış haberler bölümünde çalıştı. Güncel Hukuk dergisinde yazıları yayınlandı. BirGün’de Anonim adlı köşeyi yazıyor. 2011’den bu yana bianet’te İnsan Hakları Editörü.