* Photo taken from the expert report prepared by the Gendarmerie

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The case of Berkin Elvan, who lost his life after being shot with a tear gas canister during Gezi Park protests in 2013, continued at the İstanbul 17th Heavy Penal Court today (November 13).

The court has announced that the expert report prepared by the Gendarmerie Commando School and Training Center Command in Foça, İzmir has been sent to the Forensic Medicine Institute and a decision will be made based on the response of the institute after examining the report.

The expert report of the Gendarmerie has concluded that the police officer was trained for using a tear gas gun and "acted consciously". However, the report has not determined whether the officer took aim while firing or not, adding that the truth "is only known by the officer himself."

Speaking to bianet, Çiğdem Akbulut, one of the attorneys of Elvan family, has indicated that the report does not say anything in conclusion and added that the court has also found the report insufficient and sent it to the Forensic Medicine Institute for further examination.

It could not be detected whether 'he took aim or not'

The legal regulations pertaining to the use of tear gas guns and canisters stipulate that the guns shall be fired parallel to the ground. The report has found that the tear gas canisters found on the street where Elvan was shot "moved parallel or almost parallel to the ground".

Considering that the other police officer in the scene of incident was facing back to the camera, it could also not be detected from which angle he fired the canister and whether he directly opened fire at the protesters.

The report has also found that all tear gas canisters "were fired to the direction where protesters are considered to be and some police officers fired the tear gas canisters with their heads slightly tilted to the right."

The report of the Gendarmerie has added that "it could not be detected whether the officers took aim or not in this firing position."

In today's hearing, the attorneys of Elvan family have stated, "The report says that the police officer tilted his head to the right while firing the gas canister. It means taking an aim."

'It has been 6 years, I cannot remember the past'

As reported by the People's Law Bureau (HHB), a police officer was heard as a witness in today's hearing.

The officer said that "he could not remember anything." The officer stated, "Six years have passed since the incident, I cannot remember the past. I cannot remember at which exact point I was on duty, whether I was on duty in Okmeydanı area or whether I used the Zet [tear gas] gun." The witness police officer also indicated that he did not know the defendant officer.

While the video featuring the moment when Berkin Elvan was shot was being watched, the parents of Elvan left the court hall.

During the hearing, the Presiding Judge said, "The file has been completed to a great extent. The report given by the Gendarmerie after the examination has been completed. We are waiting for the report to be issued by the Forensic Medicine Institute about it."

What happened? On June 16, 2013, Berkin Elvan was hospitalized due to grave head injuries after the police intervention in the district of Okmeydanı in İstanbul. When he was admitted to the Okmeydanı Research Hospital, his heart had reportedly stopped already. Suffering from a brain hemorrhage, Elvan went through at least five surgeries. On January 5, 2014, Elvan turned 15 in his comatose. He died on March 11, 269 days after being shot. While the prosecutor investigating the incident was changed for six times, the investigation was completed on December 7, 2016. Prepared by the İstanbul Chief Public Prosecutor's Office, the indictment demanded that police officer F.D., who was referred to as the only defendant, be penalized on charge of "killing with eventual intent." The 11-page indictment sent to the İstanbul 17th Heavy Penal Court has been accepted. A verdict of non-prosecution has been given for 42 police officers, who previously made their depositions as part of the investigation into the death of Elvan. Speaking to bianet, Oya Aslan, one of the attorneys for the Elvan family, stated that a lawsuit was filed only against a single police officer who was on the scene of incident and added that since the lawsuit was filed for "killing with eventual intent", rather than for "wilful murder", it has reduced the foreseen prison sentence to 20 years.

(AS/SD)