Although children throw stone to policemen are sentenced to many years, policeman, who shot Mr. Murat Kasap, was sentenced 1 year and 8 months. Moreover this imprisonment has been deferred for the next five years. If policeman will commit another crime within next five years, he will serve this period.
 
As Mr. Murat Kasap (19) and Mr. Reşit Seven did not obey warning to stop, they were shot by policeman Halil Ibrahim Yildirim in Haci Ibharim area of Ceyhan district Adana on 29 September 2006. Murat Kasap died and Resit Seven was wounded in this incident. Policeman was released after he had stayed in prison for about two months. The Heavy Penal Court of Ceyhan made its final decision on 29 June 2009. Policeman was sentenced to 1 year and 8 months for causing an unplanned kill (homicide by misadventure). For us it is a reward not sentence. This imprisonment has been deferred for the next five years. Reşit Seven stated that they run when they saw police because they did not have licence.

‘The gun has gone off by accident’

According to the investigation carried out by policeman Mr. Serdar Filiz; Halil Ibrahim Yildirim shot Mr. Kasap unintentionally while he was trying to run. Mr. Serdar Filiz is working in Security Directorate of the District and he was appointed to this task by the District Governorship. The district governorship claimed policeman fell down and his gun has been gone off while he was trying to stand up.

Policeman did not make a plan to shoot him!

The District Governorship, in report, stated that ‘Policeman should be considered as innocent as he did not make a plan to shoot Mr. Kasap.’ In addition to the District Governorship stated that it has been decided that in accordance with the Article 3 and 6 of the Law on Prosecution of Public Servants and Other Public Employees no.4483 there is no need to give permission to judicial authorities because policeman Yildirim did not shoot Mr. Kasap on purpose.”

‘Administrative authorities act like a court’

Prosecution of policeman was started as a result of appeal to the Regional Administrative Court of Adana.

A long trial process

The first court case was opened with allegation of “cause killing of someone by accident” before the 2nd Criminal Court of First Instance of Ceyhan. In the first hearing, 29 November 2006, the Court transferred the file to the Heavy Penal Court of Ceyhan by made a decision of lack of jurisdiction. The court stated that action should be examined within the scope of killing someone intentionally. However the Heavy Penal Court of Ceyhan transferred the file to the Court of Appeal by made decision of lack of jurisdiction. The court stated that action should be examined within the scope of “killing someone unintentionally”. In that phase the intervening lawyer, Ms. Gülsen Battal, appealed the decision of the Heavy Penal Court of Ceyhan to the Heavy Penal Court of Osmaniye that is higher court. The court accepted the appeal by the intervening lawyer and decided that the Heavy Penal Court of Ceyhan has authority to examine this case as there is a possiblity of intention in that incident.

The court case which was held before the Heavy Penal Court of Ceyhan was stopped in the first hearing on 1 August 2007. The court committee remembered the the Law on Prosecution of Public Servants and Other Public Employees No. 4483 asked permission from the District Governorship to prosecute the policeman after it had transferred the file to three different courts and held two hearings. After a long process the final decision has been made on 29 June 2009. Unfortunately policeman was rewarded not sentenced for shooting two young men. No one can claim that everyone is equal before the court in a country, where a killer is rewarded rather than sentenced but 86 children are sentenced to 400 years and 11 months for throwing stones to policemen and shouting slogans in favour of the Kurdistan Workers Party or PKK and Öcalan the PKK leader as well as they are held in prison for months and years. This incident shows that there is no justice for everyone in our country and it is not examined on the basis of facts. Sentencing Kurdish children for lonh years but rewarding rather than sentencing a killer policeman is an absolute fascism.

HUMAN RIGHTS ASSOCIATION ADANA BRANCH

ETHEM AÇIKALIN

PRESIDENT

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