Rabia Çetin
Lawyers for the family of journalist and video activist Hakan Tosun, who was beaten to death by a group of three people in Istanbul on the night of Oct. 10, have filed two separate criminal complaints over alleged negligence and deficiencies in the investigation. The complaints target police officers at the Mevlana Police Station in the Esenyurt district of Istanbul for abuse of office and neglect of duty, and Y.Ö., described as a third attacker on a motorcycle at the scene, for participation in intentional killing.
In a petition submitted to the Büyükçekmece Chief Public Prosecutor’s Office by the family’s lawyers — Hakan Bozyurt, Cemal Yücel and Cafer Çakmak — it was stated that police officers serving at the Esenyurt Mevlana Police Station conducted the investigation in violation of procedure and prevented the collection of evidence.
The lawyers said that from the very beginning of the investigation, relatives of the attackers attempted to steer the course of the investigation, yet law enforcement failed to take the necessary precautions. According to the petition, police officers watched the camera recordings they had obtained together with the father and older brother of the suspects, a situation that allegedly allowed the suspects to flee and destroy evidence.
It was also stated that some individuals whose accounts contradicted the camera footage were brought to the police station as witnesses and gave statements, and that these statements were included in the case file.
“Suspects’ phones were not confiscated, their homes were not searched”
In the criminal complaint, the lawyers said that in a serious investigation involving a crime resulting in death, suspects should normally be detained secretly, but instead they were summoned to the police station by phone. This, they said, gave the attackers the opportunity to flee and tamper with evidence.
The petition also stated that the suspects’ mobile phones were not confiscated, their homes were not searched, and their HTS (communication traffic) records were not examined, arguing that the investigation proceeded without collecting critical evidence.
“Important evidence disappeared”
The lawyers also alleged that some camera recordings from the scene were not collected in time, and that as a result relatives of the attackers obtained certain footage from local shopkeepers and removed it.
They argued that because necessary steps were not taken from the beginning of the investigation, important evidence that could have helped clarify the incident was lost.
Request to add inspector’s report to the case file
The petition also recalled that following public outrage over the killing, Turkey’s General Directorate of Security appointed two inspectors to investigate the Mevlana Police Station.
However, because that inquiry is being conducted confidentially, the report has not been accessible. The lawyers requested that prosecutors obtain the inspectors’ report and add it to the investigation file.
Separate complaint for third attacker
The Tosun family’s lawyers also filed a separate criminal complaint against Y.Ö., who is alleged to be the third attacker in the incident.
The petition stated that although legal action had been taken against two people within the scope of the investigation, Y.Ö. had not been included in the investigation as a suspect and had only been heard as a witness.
The lawyers said that because no decision of non-prosecution had been issued regarding this individual, their right to object had effectively been eliminated.
Expert report: “Present at the scene throughout the attack”
According to an expert report prepared at the request of the lawyers, the motorcyclist acted together with the other two attackers from the beginning to the end of the assault.
The report found that the individual arrived at the scene with one of the attackers, waited nearby during the assault, did not intervene to stop the beating, and later transported one of the attackers away from the scene on the motorcycle.
“Should be evaluated within the scope of joint perpetration”
The lawyers argued that this person was not a passive observer during the attack but made a functional contribution to the act.
The petition said that someone who moved together with the attackers, did not leave the scene, and helped one of the perpetrators escape after the attack should be evaluated as a joint perpetrator. For this reason, the lawyers demanded that a public prosecution be initiated against Y.Ö. for intentional homicide.
Statement from the lawyers
In a statement regarding the criminal complaints, the lawyers representing the Tosun case said:
“Because none of our applications regarding a third individual in the investigation file were included in the indictment report, a separate criminal complaint was filed yesterday against that third person. In addition, due to irregular procedures carried out since the beginning of the investigation and issues related to the tampering with evidence, a separate criminal complaint was also filed yesterday against the Mevlana Police Station. We present this information to the public.”
