Eylem Sonbahar
Gülsüm and Sami Elvan, the parents of Berkin Elvan—a teenager who died after being struck by a tear gas canister fired by police during the 2013 Gezi Park protests—have been sentenced to prison over public remarks made following court hearings in their son’s case. An Istanbul court found them guilty of “insulting the president” and issued suspended prison sentences.
At the 10th hearing of their trial at the Istanbul 43rd Criminal Court of First Instance, the court sentenced Gülsüm Elvan to 11 months and 20 days in prison, and Sami Elvan to 1 year, 2 months, and 17 days. However, the court ruled to defer the announcement of the verdict, meaning the sentences will not be enforced unless a repeat offense occurs within a probation period.
The charges stem from comments made by the Elvans outside the courthouse following hearings in the "Berkin Elvan trial," which saw police officer Fatih Dalgalı sentenced to 18 years and 6 months for Berkin’s killing—a sentence that has yet to be enforced.
“We didn’t commit a crime”
Appearing in court alongside their lawyer Yalçın Deniz Özen, the Elvans rejected the accusations. “We didn’t commit a crime. We didn’t insult anyone. We request acquittal,” said Sami Elvan. The prosecutor, however, argued that the couple’s statements did not fall within the bounds of free expression and should be considered criminal insults. He called for both parents to be convicted—Gülsüm Elvan for “publicly insulting the president” and Sami Elvan for the same charge committed “in succession.”
“They took my child’s childhood”
Responding to the prosecutor’s opinion, Gülsüm Elvan said: “I didn’t insult anyone. What I said was my cry, my rebellion. It’s been 11 years and I still long for my child. What did he do? He was only 14 years old. They ignore the insults directed at me. I’ve been cursed at and harassed. They even searched my home. The more I asked for justice, the more injustice I experienced. What would you have done if you were in my place? They stole his childhood.”
She added, “Let them return what they took from me, then they can ask me to answer for my words.”
Sami Elvan also spoke in response to the prosecutor's demand for a conviction: “My life has changed over these 11 years. I still long for my child. I leave this decision to your conscience.” As he left the courtroom, he added, “Send the police, do whatever you need to do, put the handcuffs on if you must.”
“They’ve been seeking justice for 12 years”
Defense attorney Özen emphasized the broader context of the case: “My clients are the parents of Berkin Elvan, who was killed by police officer Fatih Dalgalı. Dalgalı was sentenced to 18 years and 6 months, but the sentence has not been enforced. My clients have been seeking justice for 12 years.”
Özen argued that their comments merely pointed to the political and legal responsibility of President Recep Tayyip Erdoğan in the broader context of the case. “Their statements fall under freedom of expression,” he said.
In their final words before the verdict, both Gülsüm and Sami Elvan told the court: “We leave the decision to your conscience. We request acquittal.”
Despite these appeals, the court issued suspended sentences for both parents on the charge of insulting the president—a crime frequently used in Turkey to prosecute critics of the government and President Erdoğan. Rights groups have long criticized the use of Article 299 of the Turkish Penal Code, under which such charges are filed, as a tool to stifle dissent.
