HUMAN RIGHTS NEWS

Turkish police officer who killed a Nigerian refugee about to be set free

By Ahaoma kanu


With the laxity and total lack of concern shown by the Federal Government and the Nigeria Embassy in Ankara, Turkey, the Turkish police officer who shot and killed a Nigerian citizen, Festus Okey, in 2007, will soon be acquitted of any wrongdoing and maybe walk a free man from murder. This revelation was made by some group of human rights lawyers in Turkey that have been following the case in Turkish courts.

 
Festus Okey is a Nigerian citizen killed in Turkey in 2007; his story was reported in NVS on this link
Festus Okey and a friend, Mamaria Oga were arrested  and taken into custody in August 20, 2007, in Istanbul’s central Beyoğlu district on charges of drug possession. Buts some few minutes after the due were separated inside the police station for questioning, Festus was shot point blank by a police officer identified as  Cengiz Yıldız who claimed that the deceased tried to escape and grab his gun so the accidental discharge. No surveillance camera was inside the interrogation room at the time of the incident.
The killing generated so much rage across the world that Turkish human rights lawyers took the case upon themselves to get justice for the brutal manner in which the victim was murdered.
But four years down the line, there seems to be no justice in sight for Festus Okey, his family and human rights activists and the irresponsible manner in which the Federal Government and the Nigeria Embassy are responded to the case is pointed as the sole reason why justice is far away.
Owing to this attitude, a group of human rights lawyers and defenders contacted  this reporter  for help in contacting the family being that the organization reported the incident exclusively and also interviewed the parents.
In an email by one of the lawyers, Pinar Ceylan, they revealed that the case risked been thrown out since Nigeria was not cooperating with the Turkish court.
“I am writing to you on behalf of a group of lawyers and human rights defenders in Turkey. As you might also remember, a Nigerian citizen, Festus Okey had been murdered by Turkish police in August 2007. Since his family had not given procuration at that time to a Turkish attorney, the case is being conducted by the public prosecutor since. In many respects Turkish legal and political system is injured by human right violations, as in many developing countries, and taking in consideration the developments in Festus' case until now, we have strongly founded doubts that justice will be done. Just to indicate one thing among many others, some vital evidences have been spoiled, and the police officer is likely to be acquitted in the next process which will take place in 17th November. A group of human right lawyers are willing to get involved in the case. Yet, according to Turkish law, this depends on the authorization of the prosecutor, in the absence of the procuration of the family of the decedent. For this reason, we have been trying to contact Festus' family since a very long time. Neither the Nigerian consulate in Turkey, nor any other organizations could be able to help us,”  he wrote.
Investigations revealed that the first trial in the case was held on November 27, 2007 in a local court in Beyolu which ruled that the case be transferred to the local court of serious crimes. The second trial happened on February 14, 2008 where the defendant’s lawyer demanded that the court investigate the deceased identity alleging that he was in the country illegally and might have been a terrorist, despite the existence of an official identity an status as a registered refugee with the   United Nations High Commission on Refugees (UNHCR).  Though having his  asylum application and his identity details  on hand at the  UNHCR, the organization  w did not request to be involved in the as it does  not join cases in Turkey as a party to an action. Due to this development, the  court requested ID confirmation from the Nigerian embassy in Ankara, Turkey.
On December 16, 2008, the Turkish Foreign Ministry informed the court that there is no legal-assistance agreement between Nigeria and Turkey, leading the court to ask the Nigeria directly to supply the needed identity information. Up till now, the court  is still waiting for the confirmation from the Nigeria government through the Nigeria Embassy. 
“During all these years, Nigerian Embassy did not show concern to the case apart from sending an observer to the hearing. However, both in respect to human rights and immigration policies, Festus Okey's case has became a common cause in Turkey for thousands of human rights defenders, lawyers, and participants of opposition movements. National press allocates an important place to each trial, and a serious public opinion has been formed that Okey's case is not being impartially and justly conducted. Protests are taking place before the hearings and there are even gratifies of Festus' photo on some streets in Istanbul,” Pinar revealed and stated that due to the delay, the prosecution is taking advantage of the lack of interest been shown by the Nigeria government.
“The prosecutor has opened the case for “reckless homicide,” but we believe Okey died after being tortured at the police station. It should be also mentioned that the police had arrested and taken Okey under custody without following regular legal procedures. On the other hand, the defendant police officer, Cengiz Yldz, was never suspended from duty, only his work place has been changed. He now serves at the Kathane (Istanbul) Police Center,” Pinar revealed.
Due to the negligent attitude of the Nigerian Embassy officials in Turkey who had only come to court once since the hearing started, some crucial evidences are been destroyed Pinar informed.
“Some crucial evidence have been 'lost'. Police say they have no footage of the incident since their cameras were broken at the time of death, and that the gun fired accidentally while Okey was trying to grab it. The shirt Okey was wearing when he was shot, considered a critical piece of evidence in the case, has reportedly gone missing. Though he wore it while being transported to the hospital, the shirt was not among his belongings that were delivered to the police after his death. His shirt is crucial, mainly because it is the only possible way of calculating the distance he was shot from. The autopsy report indicates that the gun was not set against his body at the moment he was shot, but examination of his shirt is required to be more precise. An investigation was also opened May 13, 2008, against employees of the hospital for misplacing Okey’s shirt but the case ended abruptly after the prosecutor decided to proceed no further; because Okey is not represented by lawyers, no one was able to object. Furthermore, The gun Okey was shot with was taken from Cengiz Yldz, the murder suspect and given to the bailee at law only several months after the incident,” he said.
Consequently, the case looks like it’s coming to an end and the fear is that justice might not be done.
In the hearing which took place on 26th April 2011, the court decided to file a criminal complaint against more than 70 people who filed individual requests to become a party in the case for “insulting the court.” Investigations were  started against more than 40 people who issued similar individual demands during the case’s last three hearings. Following the hearing on 26th April, ten lawyers from the Contemporary Lawyers Association have filed a complaint about the 4th Serious Crimes Court committee with the Judges and Prosecutors Supreme Council (HSYK).
Pinar revealed that the next  hearing will take place on 17th November 2011. And there are clear indications it might be the last.
“It is foreseen that, this might be the final hearing -since the court decided to move on after years, in the absence of the Festus' identification-. If the mandate of Festus' family cannot be acquired, the police officer who has murdered Festus will be charged for “reckless homicide” -at the best chance-. This means that he will be condemned to 3 to 8 years of imprisonment, and according to Turkish law he will benefit from some reductions of punishment. Hence, he will only be imprisoned for 1-1,5 years.”
 The family lawyer, Mr. Kalu Anyaele   confirmed that he was in contact with the Turkish lawyers and that the family has written a power of attorney for them to represent the family in the case.
Meanwhile, while efforts were being made to contact the family of Festus Okey, it was gathered that the lawyers were nearly scammed of some money by one Opaleye Thadeus Abimbola who it was gathered requested for $400 from the lawyers to locate the family for them.
On discovering that he had been caught in the nip, the suspected fraudster turned to cheap blackmail and threats. Email exchanges gotten by this reporter shows that the suspected scam artist has been sending emails to the Federal Bureau of Investigation (FBI) and Central Intelligence Agency (CIA) alleging that both the  reporter that handled the case and the lawyers were terrorists attempting to attack the United States in revenge for Osama Bin Ladin’s death.
One of his emails dated October 29^th, 2011 and sent from the email address, oabimbola1234@ovi.com reads, “I recently have clues of some group of terrorists. They are planning to retaliate on America of Osama’s death through a Nigerian on the link. They have been manipulating the lawyers and journalists to turn the two governments against each other. I got to know about them when one of their agents. A Nigerian tried contacting me for a service that I know is against national security. I learnt they want to trash out a case of one diseased Nigerian accused of narcotic and terrorism in turkey. The said 14th hearing holds in turkey court on 17