Bilal Gezer (29) was killed in the Dargeçit district of Mardin on October 7, 2014, when the Kobanê protests that started during the ISIS invasion attacks on Kobanê continued, in which more than 50 people lost their lives and thousands were injured. While the perpetrators of Gezer remain unknown, his brother Mehmet Emin Gezer was seriously injured after being shot in the back by the fire opened by the special operations police in front of the Dargeçit Police Station, where he went to file a criminal complaint about the perpetrators of his brother the same day he was killed. While Emin Gezer was paralyzed from the waist down as a result of the fire opened by the special operations police there, a lawsuit was filed against special operations policemen O.A., M.K., M.Ç. and A.T. at the Midyat High Criminal Court on the charge of "deliberately attempting to kill".

 

UNAVOIDABLE MISTAKE

 

As a result of the trial, the Midyat Heavy Penal Court decided that "there is no need for punishment" against 4 police officers, claiming that it could not be determined from which weapon the bullet came from. Both the defendant's lawyers and Emin Gezer's lawyers brought the file to the Court of Cassation and asked for the decision to be overturned. The 1st Chamber of the Supreme Court of Appeals accepted the application made by the lawyers of the police officers for acquittal and ruled that the police officers should be acquitted. In the reasoned decision of the Supreme Court, court argued that the police had shot the fire that paralyzed Emin Gezer "by making the inevitable mistake because (...) they lived in the region, lost their friends in clashes and bombings and that legitimate defense conditions were created in order to repel the attacks against them".

 

COMPLIANCE WITH LAWS!

 

After the Supreme Court decision, the Midyat High Criminal Court passed its verdict in the first session. The court ruled that the police officers had a right to self-defense and the shooting was justifiable and in compliance with the laws and acquitted the 4 special operations police.

 

KILLING KURDS IS JUSTIFIABLE!

 

Stating that the decision is an extention of the impunity armour provided for the law enforcement in Turkey, attorney Ahmet Arıkan told that they demand recusation of the courtboard since they are not impartial. Arıkan stated that the perpetrators are known and his client's condition is proved with medical reports and witness statements and added, "The police officers were rewarded. The decision encouraged them to do it again. If this happened anywhere else in Turkey, the decision would not be the same. However, killing Kurds is justifiable and have become justifiable with such decisions. We will apply to the Constitutional Court and then to the ECtHR if necessary."

 

MA / Ahmet Kanbal