CLOSED: Turkey - Demand justice for Ferhat Gercek

In October 2007 Gerçek was shot in the back by police and left permanently paralysed following a dispute over the sale of a magazine. He was aged just 17.

Seven police officers face trial for the shooting, but flaws in the investigation mean that the officer who shot Ferhat Gerçek may evade justice. Three years on and still no police officer implicated has faced suspension of duty, despite the result of ballistic tests matching the bullet found in Ferhat Gerçek to a police gun.

Meanwhile, Ferhat Gerçek is being tried as both victim and perpetrator. The judge in his case has changed twice since it began and Amnesty observers at the trial noted that the latest judge did not appear to be familiar with the details. His lawyer has warned that this may lead to an unfair trial.

UPDATE ON FERHAT'S TRIAL: MARCH 2011
Amnesty International sent an observer to Ferhat's last hearing on 24th December to monitor proceedings. His trial is continuing to move very slowly. The court is trying to determine whether Ferhat has been permanently paralysed. At the December hearing the Turkish Forensic Medical Institute reported that although Ferhat has had some tests he needs further examination.

The court is also waiting for a further forensic examination of the deformed bullet that was removed from Ferhats back. Another hearing is scheduled for 6th May.

UPDATE: 3 JUNE 2010

Amnesty International has welcomed the conviction of 19 Turkish officials found guilty of causing the death of another human rights activist, Engin Çeber.

Çeber was arrested after taking part in a protest calling for police officers to be brought to justice for the shooting of Ferhat Gerçek. Like Gerçek, Çeber was a member of the Rights and Freedoms Association. Çeber died from cerebral bleeding after being beaten in police custody and in prison.

This is the first time in Turkish legal history that state officials have been jailed for life for causing death through torture.

Background information

Ferhat Gerçek has been charged with ‘breaching the laws on assembly and demonstrations’, ‘resistance to public servants carrying out their duties’, ‘insulting a public servant’, and ‘criminal damage’.

There are concerns about the trial of Ferhat Gerçek: two members of the public who provided first aid to Ferhat Gerçek after he was shot are also being prosecuted alongside him, and a witness who was due to testify on his behalf has since been prosecuted and may face 15 years in prison. This could discourage any other witnesses from providing testimony on Ferhat Gerçek’s behalf.

Victims of human rights violations in Turkey face an entrenched culture of impunity. Chances of securing justice for victims or their relatives are remote in cases of ill-treatment, torture or unlawful killings by the police or gendarmerie.

There is still no independent body in Turkey which can impartially and effectively investigate human rights violations by state agents, in accordance with international human rights standards. The criminal justice system is not only overburdened but also appears more interested in protecting the state and its officials than individual citizens.

Ferhat Gerçek’s trial began on 24 December 2008 and has yet to conclude.

In October 2009, Amnesty sections across Europe joined together to give a big push to our campaign. We have now built a photo album of activity to use in our press work  in Turkey. See the solidarity pictures on Flickr

In October 2007 Gerçek was shot in the back by police and left permanently paralysed following a dispute over the sale of a magazine. He was aged just 17.

Seven police officers face trial for the shooting, but flaws in the investigation mean that the officer who shot Ferhat Gerçek may evade justice. Three years on and still no police officer implicated has faced suspension of duty, despite the result of ballistic tests matching the bullet found in Ferhat Gerçek to a police gun.

Meanwhile, Ferhat Gerçek is being tried as both victim and perpetrator. The judge in his case has changed twice since it began and Amnesty observers at the trial noted that the latest judge did not appear to be familiar with the details. His lawyer has warned that this may lead to an unfair trial.

UPDATE ON FERHAT'S TRIAL: MARCH 2011
Amnesty International sent an observer to Ferhat's last hearing on 24th December to monitor proceedings. His trial is continuing to move very slowly. The court is trying to determine whether Ferhat has been permanently paralysed. At the December hearing the Turkish Forensic Medical Institute reported that although Ferhat has had some tests he needs further examination.

The court is also waiting for a further forensic examination of the deformed bullet that was removed from Ferhats back. Another hearing is scheduled for 6th May.

Follow up