“Suspected Policeman Might Receive No Prison Sentence”

An Ankara court accepted the prosecutor’s indictment on the case of Ahmet Şahbaz - a policeman who is standing trial for shooting Gezi protestor Ethem Sarısülük.

Prosecutor Veli Dalgalı charged the policeman with negligent homicide according to Turkish Penal Code Articles 81 and 27/1. 

Kazım Bayraktar - Sarısülük family attorney - said the suspected policeman was charged with a prison sentence between 16 months and 5 years. 

“If it turns out to be 16 months, the sentence might be suspended and Şahbaz will not even serve in prison,” he said.  

Ahmet Şahbaz will be pending trial. 

A stone hit policeman! 

“The bullet directly hit Sarısülük’s head without bouncing. This doesn’t necessarily mean that he was directly targeted by his shooter,” prosecutor’s 15 page indictment cited. 

Some of the highlights from the indictment included: 

“According to Police Duty and Competence Law Article 16, police officers are allowed to use their guns but it doesn’t give them the competence of killing somebody.” 

“There is no correlation between the police officer’s defense by shooting and the group’s attacks with stones. The legal limits of self-defense has been breached. If it is breached on purpose, a penal responsibility must be issued.” 

“However, the suspect [policeman] responded to demonstrator attacks by firing his gun in the air. His third warning shot hit in a parallel to the ground and wounded Ethem Sarısülük as he was turning his back and run away. 

“Before and during firing his gun, Şahbaz was subjected to several stones - a situation that might out he didn’t exceed his self-defense response on purpose. Şahbaz exceeded his right to self-defense with no deliberate purpose.” 

Defense-smelling indictment 

Some of the accusations in the indictment showed parallelisms with Şahbaz’s defense. Şahbaz defensed himself as follows:

“I raised the pistol over my shoulder and fired three times in the air. In the meanwhile, I was subjected to several stones thrown by protestors. Those coups might have unbalanced my stability. A stone targeting my elbow might have shifted my pointing and aimed Sarısülük. 

“Protestors were still throwing stones. I acted in order to protect myself. I think it set all the conditions for gun usage. 

Vice PM Bülent Arınç also said the following the day before Şahbaz’s testimony:

“His shield was taken by protestors and his body was hit by 33 stones. He fired twice in the air. The third one was shifted due to a stone hitting his hand. If the judicial process will find out that he did it purposefully, then the verdict will be reached accordingly.” 

What happened? 

On June 1, Gezi Park solidarity protestor Ethem Sarısülük (27) was shot by a police fire. He was hopsitalized in Ankara Numune Education and Research Hospital. 

On June 6, experts executed an investigation in the crime scene. 

On June 10, nearby surveillance camera footage were found where a riot police officer fired his gun as he was running away from a group of protestors.  Sarısülük was seen falling on the ground after the firing. 

Shot on June 1, Sarısülük died 14 days later. His funeral was held in his hometown Çorum, a central province of Turkey. 

Ballistic reports confirmed that Sarısülük was shot by Şahbaz’s gun. Ankara 13th Peace Assize Court ordered pending trial for Şahbaz as “he stayed within the limits of self-defense”. Objections on the decision was rejected the court. 

Mehmet Can Tayşan, one of the witness on Sarısülük’s shooting, has been ordered for detention. Şahin İmga, another witness on the case call list, has been arrested for other charges.

Sarısülük’s brother and friends were threatened over the phone. (AS/BM)