Rabia Çetin
Lawyers and family members of journalist and video activist Hakan Tosun, who was killed on the night of Oct. 10 in the Esenyurt district on the European side of Istanbul, have strongly criticized a bill of indictment prepared by a public prosecutor in Büyükçekmece and sent to the Bakırköy Chief Public Prosecutor’s Office for the drafting of a formal indictment.
The lawyers said the bill seeks to charge the two detained suspects, Adnan Şahin and Abdurrahman Murat, with “intentional injury resulting in aggravated consequences” rather than intentional killing, and calls for the application of unjust provocation provisions in favor of the suspects.
“If the indictment is drafted in this manner and the court hands down a sentence in line with the prosecutor’s request, those who brutally murdered Hakan Tosun could be released after serving around two years in prison under the Turkish Penal Code and the Law on the Execution of Sentences,” the lawyers said.
A press conference addressing the bill of indictment and the latest forensic medicine report was held at the Istanbul branch of the Human Rights Association (İHD), attended by Tosun family lawyers Cemal Yücel, Cemal Polat and Sevim Dönmez, as well as Tosun’s sister, Öznur Tosun.
Lawyers say indictment favors perpetrators
Speaking on behalf of the family, lawyer Cemal Yücel said the prosecutor’s bill was incompatible with the law, principles of justice and the contents of the case file.
“An indictment has clearly been prepared in favor of the killers,” Yücel said. “If this view is accepted, none of our lives will be under the guarantee of the state and judicial institutions.”
Yücel stressed that the attack on Tosun constituted intentional killing. “The prosecutor claims the attackers did not act with intent to kill but intended to injure,” he said. “However, the forensic report states that Hakan died from blunt head trauma, including skull and facial fractures, intracranial bleeding, brain hemorrhage and brain tissue damage.”
He added that camera footage shows the suspects kicking Tosun in the head and body at least five or six times at two separate moments and also punching him.
Under Turkish law, the penalty for intentional killing is life imprisonment. However, the reclassification of the charge lowers the minimum sentence to about 14 years, Yücel said. “If a potential reduction for unjust provocation is applied, the two detained suspects could be released within approximately 2 to 2.5 years,” he said.
Dispute over intent and third suspect
Yücel also objected to the prosecutor’s assessment that there was no intent to kill because there was no prior hostility between the parties and no weapon was used.
“In another scandalous statement, the prosecutor suggested that the fractures could have occurred as a result of a fall,” Yücel said. “According to judicial precedents, such a death is evaluated without exception as intentional killing. The prosecutor has made a serious legal error.”
He further noted that no penalty was sought for a third suspect on a motorcycle, whose involvement in the killing is allegedly confirmed by video footage.
According to Yücel, the bill of indictment relies on the third individual’s statement, given as a “witness” during the investigation phase, as well as the statements of the other defendants, to conclude that the attack occurred under unjust provocation.
“The bill claims, based on certain witness statements, that Hakan Tosun insulted and attacked the perpetrators, and therefore calls for the application of unjust provocation provisions,” Yücel said. “However, existing camera footage contains no clear images of Hakan physically attacking anyone, nor any definitive finding that he used insults. All of the witnesses are lying. They are neighbors and friends of the attackers and are biased. The footage shows no aggressive behavior by Hakan toward them.”
Yücel said that despite repeated applications, no legal action was taken against the third suspect. “Instead of filing charges against this accomplice, his statement was treated as credible and accepted as evidence of provocation. By not including this motorcycle gang member as a suspect in the case, another major mistake has been made,” he said.
Dispute over earlier metrobus incident
The bill of indictment also refers to an alleged harassment-related argument on a metrobus about half an hour before the killing, according to Yücel. The metrobus is a bus rapid transit line widely used in Istanbul.
“Footage of the metrobus incident exists. The images clearly show that there was no harassment,” Yücel said, adding that the earlier argument had no connection to Tosun’s killing.
He also said requests to investigate whether there was an instigator behind the suspects were rejected and that call detail records (HTS) and phone logs had not been examined.
“We hope the court will not act in line with this scandalous bill of indictment,” Yücel said. “We will pursue all legal avenues to protect the rights of Hakan, who was brutally murdered, and his family. We warn the judicial authorities: they must not grant gangs a license to kill.”
Family says case will set precedent
Speaking after the lawyers, Tosun’s sister Öznur Tosun said she was not surprised by the bill of indictment.
“There has been a scenario in place since Oct. 10, 2025, when Hakan was attacked,” she said. “On the night of Oct. 10, the Mevlana police station tried to bury Hakan without identification and informed the family 27 hours later. I do not trust Turkish justice, and this bill shows why.”
She said there had been efforts to smear her brother’s reputation with allegations that he used drugs or committed child abuse. “The reports clearly show that Hakan did not use drugs. He lived with honor and dignity. Even in his death, he has put the Turkish judiciary to the test,” she said.
“We will see whether the prosecutor and the judge will stand with gangs or with human rights and the right to life. If something happens to us, should we seek help from gangs or from the state? This case will set a precedent for all of us. Together with our lawyers, we will not let this case go.”
