Trial Monitoring

Impunity in Tahir Elçi murder case as accused police officers acquitted

Impunity in Tahir Elçi murder case as accused police officers acquitted

Deniz Tekin

12 June, Diyarbakır - In the murder case of former Diyarbakır Bar Association President Tahir Elçi, the court acquitted three police officers due to "insufficient evidence." During the hearing, a journalist was forcibly removed from the courtroom by police for allegedly taking photos.

The 11th hearing of the case, concerning Elçi’s killing while making a statement for peace in front of the Four-Legged Minaret in Diyarbakır's Sur district, took place at the Diyarbakır 10th High Criminal Court. Significant security measures were implemented around the courthouse and courtroom. Elçi’s wife Türkan Elçi, his brothers Ömer and Mehmet Elçi, and their lawyers attended the hearing.

The accused officers, Mesut Sevgi from Hatay, Fuat Tan from Elazığ, and Sinan Tabur from Malatya, participated via the Audio and Visual Information System (SEGBIS) with their lawyers. Several plainclothes police officers also observed the hearing.

Attendees included Turkish Bar Association (TBB) President Erinç Sağkan, Diyarbakır Bar Association President Nahit Eren, Tahir Elçi Human Rights Foundation President Mahsun Batı, various bar presidents, representatives from the Memory Center, Human Rights Watch, the Lawyers Association for Freedom (ÖHD), the Human Rights Association (İHD), as well as DEM and CHP parliament members, and Diyarbakır Metropolitan Municipality Co-Mayor Serra Bucak Küçük. Due to high attendance, many lawyers had to stand.

Prosecutor calls for acquittal

The prosecutor argued that it could not be determined who fired the shot that killed Elçi and requested the acquittal of the police officers. Türkan Elçi expressed no objection to this view, while Mehmet Elçi criticized the court for not making efforts to solve the case.

Eren: Court lacked courage to illuminate the murder

Diyarbakır Bar Association President Nahit Eren highlighted the participation of 600 lawyers and criticized the investigation for not being thorough. He stated, “Everyone witnessed this murder live. There is a force hiding what everyone knows. This case is politically charged. The state and judiciary both witnessed the murder but lacked the courage to illuminate it.”

Efforts to cover up the murder

Elçi family lawyer Orhan Kemal Cengiz remarked that witnesses were pressured and the investigation was obstructed. “Those involved in the investigation did everything to cover up the murder. Three cameras at the crime scene were not working. Evidence was systematically destroyed.”

Lawyer Gamze Yalçın criticized the court for lacking the will to solve the murder, stating that proper evidence collection at the scene could have identified the perpetrators. Lawyer Benan Molu emphasized the case’s connection to broader impunity issues, noting that Tahir Elçi dedicated his life to fighting impunity.

Elçi's niece, lawyer Berfin Elçi, said, “We do not expect anything from an unfair trial. We will continue Tahir Elçi’s legacy.”

TBB President Erinç Sağkan pointed out that the accused were treated as witnesses, despite years of efforts by Elçi’s lawyers to have them questioned as suspects. Lawyer Mehmet Emin Aktar highlighted that the case was never intended to be solved, with prosecutors dismissing important leads.

Journalist detained during the hearing

Bar presidents from different regions argued that the prosecutor's opinion, given without collecting all evidence, was unlawful and that a decision under these conditions would exemplify impunity. They vowed to continue the fight for justice.

Lawyers protested the court by clapping and left the courtroom. Evrensel reporter Dilan Temiz was detained for allegedly taking photos, dragged out by police on the judge’s orders. CHP MP Sezgin Tanrıkulu protested this action, leading to his threatened removal. Following discussions, Temiz was brought back, identified, had her phone confiscated, and was released after a complaint was filed.

Acquittal of the police officers

After the tension subsided, the trial continued. The accused officers, Sinan Tabur, Fuat Tan, and Mesut Sevgi, requested acquittal in their final statements. The court acquitted them, citing a lack of evidence for the charge of “causing death by negligence.”

Lawyers protesting the court’s handling of the case made a statement outside the Diyarbakır Courthouse and then marched to the Four-Legged Minaret, where Elçi was killed.

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Medya ve Hukuk Çalışmaları Derneği (MLSA) haber alma hakkı, ifade özgürlüğü ve basın özgürlüğü alanlarında faaliyet yürüten bir sivil toplum kuruluşudur. Derneğimiz başta gazeteciler olmak üzere mesleki faaliyetleri sebebiyle yargılanan kişilere hukuki destek vermektedir.