Hatay 2nd High Criminal Court admitted an indictment regarding Ahmet Kuş, a police officer who allegedly shot Abdullah Cömert in his head with a gas capsule in the southern district of Antakya.
According to the indictment prepared by Prosecutor Murat Üzüm, Kuş is accused of “premeditated murder” according to Articles 81/1 and 21/2 of the Turkish Penal Code (TCK). The suspect is facing up to 25 years of prison sentence.
“He fired knowing it would kill”
The indictment stated that “despite foreseeing the lethal damage, the suspect policeman fired the gas capsule directly onto the crowd”:
“On the crime scene sketch dated 4th of June 2013, the distance between crime scene and where the gas capsule was fired was calculated as 36 meters. Regarding altogether the characteristics of gas capsule, range and where it was fired, the suspect caused the death of victim on probable purpose by firing the gas capsule directly onto the crowd, despite foreseeing the probable lethal damage in case of direct contact.”
Suspect officer will be released pending trial
Cömert’s lawyers protested that “the suspect officer had not been arrested and the command-givers were not not including into the indictment”. It turned out that the statements of chief officers were not even taken during the investigation.
Motions will be submitted to the nolle prosequi rulings for chief officers. In addition, the lawyers will file an application for the arrest of officer Kuş.
Forensics: Gas capsule had killed
Abdullah Cömert joined the Gezi Resistance protests in the southern district of Antakya, Hatay. On the 3rd of June, he was shot in the head and fell on the ground around Armutlu and Elektrik District.
He died at Antakya State Hospital. According to the autopsy, the cause of death was damage Cömert received to the back of his head.
According to the report of Istanbul 1st Forensics Specialized Board issued on August 21, 2013, “the death was due to cerebral hemorrhage and brain tissue damage as a result of skull cracks by gas capsule hit, there is a causal connection between wounding by gas capsule hit and death”.
Prosecutor’s office has watched through all surveillance recordings to see from which of the akrep vehicles [a police tank] shot the gas capsules in the area between the hours 23:00 and 23:15. From the footage, it is determined that the capsule that hit Cömert was fired from the vehicle with license plate 31 A 6297 and the person who fired the capsule was vehicle operator Ahmet Kuş, who served at Hatay Riot Squad Administration.
Kuş stated that “he controllably fired the gas capsule, not knowing that it would be lethal on contact” and that he does not accept accusations in his statement.
The case, of which date will be known in future, will take place in Hatay 2nd High Criminal Court. (AS/BAR/BM)
* Click here to read the article in Turkish.
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