"Imprisonment for the lawyer and the two police officers and two security guards who handcuffed the client."

In the Gebze district of Kocaeli, two police officers and two guards were sentenced to 3 years and 4 months in prison for the crime of 'deprivation of liberty' after they handcuffed lawyer Adem Karaca, who objected to the situation his client, T.O., experienced when they allegedly used pepper spray against him in 2022.

The incident occurred on October 16, 2022, in the Köşklüçeşme neighborhood of Gebze. Neighborhood guards K.M. and Y.B. apprehended two suspicious individuals. While the guards were intervening with the suspects, T.O., who had a business in the area, approached them. T.O. saw that the person the guards were intervening with was an acquaintance working in another place on the upper floor of his shop and asked about the situation.

THE LAWYER WAS ALSO DETAINED

A dispute broke out between T.O. and the guards. One of the guards, K.M., sprayed pepper spray at T.O. At that moment, T.O.'s lawyer, Adem Karaca, who was sitting in a car, got out and went to his client. The lawyer showed his ID to the guards and stated that they were acting unlawfully. After the guards requested backup via radio, police officers M.A. and A.G. also arrived at the scene. T.O., who recorded the argument on his mobile phone, was handcuffed and detained. Lawyer Karaca, who objected to the incident, was also handcuffed and taken to the police station. Both lawyer Karaca and T.O. were released after their statements.

FILED A COMPLAINT

Following the complaints of lawyer Adem Karaca and T.O. against the police officers and guards, an investigation was initiated. The indictment prepared regarding the incident included a report from Gebze Fatih State Hospital. The report stated that pepper spray was used on T.O.'s eyes and that lawyer Karaca had bruises on his left knee and left wrist. The report from the expert reviewing the footage included statements that Adem Karaca said he was a lawyer and showed his lawyer's card.

UP TO 14 YEARS OF IMPRISONMENT REQUESTED

The final hearing of the case was held at the Gebze 1st Criminal Court of First Instance. All defendants and complainants attended the hearing, while members of the Kocaeli Bar Association's Board of Directors and lawyers affiliated with the bar were also present in the courtroom to support their colleague.

During the hearing, the public prosecutor presented his opinion. The prosecutor stated that the crime of 'deprivation of liberty' was committed by multiple individuals and by abusing the influence of their public duty, requesting that the defendants be sentenced to imprisonment ranging from 4 years to 14 years. The prosecutor also noted that police officer M.K. insulted lawyer Karaca, requesting that M.K. be sentenced to 2 years and 4 months in prison for the crime of 'public insult.'

ALL DEFENDANTS RECEIVED 3 YEARS AND 4 MONTHS OF IMPRISONMENT

The court decided to sentence the defendants to 3 years and 4 months in prison for the crime of 'deprivation of liberty' against lawyer Adem Karaca. The defendants were also sentenced to 1 year, 1 month, and 10 days in prison for the crime of 'deprivation of liberty' against T.O., with the announcement of this sentence being postponed.

DEFENDANTS PROHIBITED FROM PUBLIC SERVICE UNTIL THE DECISION IS FINALIZED

Police officer M.A. was also sentenced to a judicial fine of 1740 TL for the crime of 'insult' he was being tried for. The court decided to postpone the announcement of the sentence for M.A. for the crime of 'insult.' Y.B. was acquitted of the additionally charged crime of 'unlawful search.' Furthermore, the court ruled to prohibit the defendants from public service until the decision is finalized.