Photo: Elvan family and their lawyer outside the courtroom.
EYLEM SONBAHAR
In Istanbul, the parents of Berkin Elvan, a young boy fatally injured by a police gas canister during the Gezi Park protests, are on trial for allegedly insulting President Recep Tayyip Erdoğan. The case, drawing international attention for its implications on free speech and police accountability, has reached a pivotal moment as the prosecutor prepares his final opinion.
Berkin Elvan's mother, Gülsüm Elvan, and father, Sami Elvan, appeared in the Istanbul 43rd Criminal Court of First Instance. Their lawyer, Caner Kartal, joined them in court. Notably absent was President Erdoğan's lawyer, who excused himself citing a valid reason. The session was observed by İzel Sezer, a member of the executive board of DİSK Press-Work Union.
The new prosecutor requested time to prepare his concluding remarks on the case. Gülsüm Elvan, in her defense statement, asserted she was the one insulted and victimized, not the perpetrator of insult. She lamented the lack of legal action against those she believes responsible for her son's death, stating, "I have been wronged. The president might hold power, but he cannot order the killing of my child. I demand acquittal."
Sami Elvan, standing by his words, expressed ongoing anguish over their son's death nearly 10 years ago, declaring fearlessness in the face of potential punishment and emphasizing the justice of their cause.
Their attorney, Kartal, referred to the European Court of Human Rights' (ECHR) decision in the Vedat Şorli case, urging the court to consider this before the prosecutor's statement. He argued that the police officer responsible for Berkin's death was facing a near-finalized conviction for intentional homicide and that his clients' statements did not constitute an insult but were expressions of their emotions and fell under the scope of freedom of expression. He requested their acquittal.
The court decided to forward the case to the prosecution for the preparation of its final opinion, adjourning the hearing until Sept. 10, 2024.
The trial is part of a broader context of ongoing tension in Turkey regarding freedom of expression and the state's response to dissent. Berkin Elvan became a symbolic figure after his death in the 2013 Gezi Park protests, which started as a small environmental demonstration and escalated into widespread anti-government protests.
