On 31 May 2011, ahead of a campaign rally by then Prime Minister Recep Tayyip Erdoğan in the Hopa district of Artvin, a group gathered to make a press statement about the impact of hydroelectric power plants in the region, the problems faced by tea producers and other issues. Erdoğan had not yet arrived in Hopa and the rally had not begun when the press statement started.
Police intervened as soon as the press statement began. Large quantities of chemical gas were used, affecting not only the demonstrators but also nearby businesses and people who were not taking part in the protest. Riot police units were brought to Hopa from Erzurum, Erzincan, Bayburt, Rize, Ardahan and Kars, as well as from Artvin. Sixty people were taken into custody during the day, and entry to and exit from the district were prohibited.
Retired teacher Metin Lokumcu, who was taking part in the press statement, was heavily exposed to chemical gas during the police intervention and became unwell. He was exposed to further gas while being taken to an ambulance at the protest site. Lokumcu was taken to Hopa State Hospital, where he died the same day.
The Hopa Chief Public Prosecutor’s Office opened an investigation. Lawyers for the Lokumcu family requested an examination of the chemical agents used that day. The Artvin Governor’s Office reported that “Smoke” gas grenades, 37/38 mm gas cartridges and OC gas solution had been used.
An autopsy report dated 20 June 2011 found that Metin Lokumcu died after his pre-existing heart and lung conditions became acute. Following an objection by the family, the First Specialisation Board of the Council of Forensic Medicine issued a report on 16 December 2011 reaching the same conclusion. After further objections, the case file was referred to the General Assembly of the Council of Forensic Medicine.
At the request of the Lokumcu family, the Scientific Research Board of the Turkish Medical Association prepared a report on 13 February 2012. It found that Lokumcu did not have heart or lung disease severe enough to cause his death. The report stated that he had been exposed to OC and CS gases in a stressful environment and found a causal link between his exposure to chemical gas and his death.
In its report of 24 May 2012, the General Assembly of the Council of Forensic Medicine found that Lokumcu’s death resulted from his pre-existing cardiovascular disease becoming acute as a result of the physical exertion and stress caused by the events. It added that, if it was accepted that he had been heavily exposed to CS gas at close range, the gas exposure should also be considered an additional factor, alongside physical exertion and stress, in triggering his condition.
The criminal complaints concerning Metin Lokumcu’s death were divided into separate investigations. A report by Ministry of Interior inspectors dated 26 September 2012 noted that 22 people had sought hospital treatment in Hopa and 17 police officers had been injured. It concluded that the police had not used disproportionate force.
As part of the investigation, the relevant provincial police departments were asked to identify the officers who had been deployed to Hopa with riot police units from seven different provinces and had used chemical gas on the day of the incident. Only the Erzincan Provincial Police Department provided a list of the officers who had been deployed and had used gas. The other police departments reported that their archives contained no records identifying the personnel who had been on duty and had used gas.
Statements were taken from the 20 officers identified by the Erzincan Provincial Police Department as having used pepper spray, approximately three years after Metin Lokumcu’s death. Some said that Lokumcu had thrown stones and chairs at security officers. Others said that gas had been used after demonstrators damaged nearby businesses.
Authorisation to investigate the complaints against then Minister of the Interior Osman Güneş, Artvin Governor Mustafa Yemlioğlu and Hopa District Governor Abdullah Akdaş was refused. Objections to the refusal were rejected. An individual application to the Constitutional Court concerning the refusal to authorise an investigation was also declared inadmissible on 27 October 2016.
The claim for pecuniary and non-pecuniary compensation brought against the Ministry of the Interior over Metin Lokumcu’s death was also dismissed by the Rize Administrative Court. The court found that Lokumcu’s active involvement in the events had caused his pre-existing cardiovascular disease to become acute as a result of physical exertion and stress, breaking the causal link between the actions of the authorities and his death.
At the end of the investigations, decisions of non-prosecution were issued in respect of a total of 37 public officials for causing death by negligence, misconduct in public office and exceeding the limits on the use of force. An objection to these decisions was rejected.
A separate investigation into the Artvin Provincial Police Chief, the Hopa District Police Chief and several police officers was completed approximately nine years and five months after the incident. In an indictment dated 27 July 2020, the prosecutor sought criminal proceedings against a total of 13 police officers for causing death by negligence: then Artvin Provincial Police Chief Muhsin Armağan, Hopa District Police Chief Fatih Ünlü, Saim Baktimur, Sinan Eyyüpoğlu, Taner Ballı, Tayfun Vardarlı, Recep Aydın, Muhammet Ulaşlı, Mehmet Seyfettin Uzun, İlham Çalı, Haktan Yakıcı, Erol Darcan and Bayram Ali Kaş.
The first hearing was due to be held before the Hopa Criminal Court of First Instance. However, on 23 December 2020, one day before the scheduled hearing, the case was transferred to Trabzon on security grounds.
The first hearing before the Trabzon 2nd Criminal Court of First Instance was held on 21 April 2021. Metin Lokumcu’s wife, son and siblings gave statements, said that they wished to pursue their complaints and applied to join the proceedings. Applications by various civil society organisations and bar associations to join the proceedings were rejected. At this stage, the court also rejected a request for a decision of lack of jurisdiction and transfer of the case to the Assize Court.
At the second hearing on 28 June 2021, witnesses said that no warning had been given before the police intervention and that large quantities of gas had been used. The court ruled that it lacked jurisdiction and transferred the case to the Trabzon Assize Court.
The first hearing before the Trabzon 2nd Assize Court was held on 20 December 2021. Eight defendants attended by video link through SEGBİS. Lawyers for the Lokumcu family requested that the defendants be physically present in court to give their defence. The court initially rejected the request. However, after problems with the SEGBİS connection, it ordered the defendants to attend court in person to present their defence.
At the hearings on 6–7 January 2022, all but three of the defendants appeared in court. Footage from the day of the incident was shown to them, and they denied the charges. After giving their defence, the defendants were excused from attending future hearings. The court rejected requests to remand them in custody and applications by various bar associations and civil society organisations to join the proceedings.
At the hearing on 18 February 2022, Muhammet Ulaşlı and Muhsin Armağan presented their defence. Witnesses described the heavy use of pepper spray on the day of the incident and said that they had collected empty cartridge cases from the ground afterwards. The court rejected requests by the Lokumcu family’s lawyers to hear former Hopa District Governor Abdullah Aktaş and Mehmet Yüksel, the Prime Minister’s protection officer who was said to have operated the riot police gas weapon during the events, as witnesses.
At the hearing on 1 July 2022, defendant Taner Ballı said that the order to use gas had come from their superiors and that he had not heard any warning being given to the public. At the hearing on 30 September 2022, the court rejected requests by the Lokumcu family’s lawyers for an on-site inspection and an expert report. It ordered that police officers other than the defendants who had signed the incident report be heard as witnesses.
At the hearing on 26 January 2023, ten police officers whose signatures appeared on the incident report were heard as witnesses. Prof. Dr. Şebnem Korur Fincancı, then President of the Central Council of the Turkish Medical Association, was also heard as an expert on the relationship between the use of gas and Lokumcu’s death. Fincancı said that Lokumcu’s autopsy showed no signs of a heart attack and that he had experienced respiratory distress. The hearing of witnesses continued on 27 January 2023.
Witnesses continued to give evidence at the hearings on 25 May and 26 October 2023. The court rejected requests by counsel for the intervening parties for an expert examination and an on-site inspection. No procedural steps were taken at the hearing on 1 February 2024 because the composition of the trial bench had changed. The request for an on-site inspection was again rejected.
On 11 June 2024, the public prosecutor submitted the opinion on the merits. The prosecutor argued that there was no causal link between Metin Lokumcu’s death and the defendants’ actions in exercising their power to use force and therefore requested the acquittal of all defendants.
At the final hearing on 6 September 2024, the Trabzon 2nd Assize Court followed the prosecutor’s opinion on the merits and acquitted all 13 defendants.