15/10/2024 | Writer: Oğulcan Özgenç
Lawyer Kerem Dikmen provided insight into the upcoming hearing scheduled for 6 November in the case of Hande Buse Şeker, stating, “At the hearing, we will push for the video recording of the incident to be shown. Our goal is to secure a legal ruling that imposes aggravated life imprisonment.”
The case, which revolves around the murder of Hande Buse Şeker, a trans woman killed by police officer Volkan Hicret, has seen numerous legal proceedings. After the Izmir 4th High Criminal Court sentenced the defendant to life imprisonment, the prosecutor appealed the decision. Consequently, the case returned to the Regional Court of Appeals, where it remains under review, with the first verdict having been issued on 26 November 2020.
The prosecutor had appealed the court’s verdict against the defendant Volkan Hicret following the “third sentencing hearing” held recently. In the petition submitted to the Regional Court of Appeals, the prosecutor had noted that after killing Hande Buse Şeker, Volkan Hicret had not not leave the scene and sexually assaulted Şeker and her friend who was also in the house. The petition had emphasized that the killing was “disproportionate and excessive,” arguing that the court should acknowledge that Volkan Hicret committed the act of intentional killing brutally or through torment.
The petition stated that the court’s ruling on the “intentional killing offense” was procedurally and legally flawed and argued that the court should instead rule on the offense of “intentional killing committed brutally or through torment”.
The hearing for Hande Buse Şeker’s case is scheduled at the Regional Court of Justice on 6 November.
Kaos GL Association Human Rights Programme Coordinator, Lawyer Kerem Dikmen, spoke to KaosGL.org regarding the developments in the case of Hande Buse Şeker. Dikmen emphasized that the killing should be classified as “qualified killing,” warranting the defendant’s sentencing to aggravated life imprisonment. He further noted that the Regional Court of Appeals does not always hold a hearing when reviewing appeals but may do so if the first instance trial infringed upon the right to a fair trial or if there is a need to address changes in the merits of the case.
Dikmen explained:
“If the Regional Court of Appeals identifies a violation of fair trial rights in the initial trial, it can hold a hearing to safeguard the defendant’s rights. Additionally, there may be new developments regarding the case that require resolution at this level. The request to increase the sentence is not solely about elevating the life imprisonment sentence to aggravated life imprisonment. This was a hate crime, involving not just murder but other hate-motivated acts such as sexual assault and extortion. These actions could lead to an increase in the overall penalty.”
“We assert that this killing constitutes a ‘qualified act of killing”
Lawyer Kerem Dikmen emphasized the importance of holding a new hearing at the Regional Court of Justice in the case of Hande Buse Şeker. He stated:
“As lawyers, we will demand that the footage of the killing be reviewed at the Regional Court of Justice. This is a very critical aspect for us. We assert that this killing constitutes a ‘qualified act of killing.’ Therefore, we had initially requested a hearing. At the hearing, we will push for the video recording of the incident to be shown. Our goal is to secure a legal ruling that imposes aggravated life imprisonment. At this moment, we cannot predict the outcome. Given the current climate, where the legal system is influenced by hate propaganda against LGBTI+ individuals —propaganda spread by high-level public officials and elected representatives—our hopes are limited. However, we are committed to doing everything necessary to seek justice.”
What has happened in the case so far?
Hande Buse Şeker was a sex worker trans woman living in Izmir. A police officer named Volkan Hicret killed Hande Buse Şeker with his service weapon at Şeker’s home on January 9, in 2019, while he was off duty. Police officer Volkan Hicret killed Şeker, blackmailed her and sexually assaulted her after the murder. He also injured her friend at home.
A lawsuit was filed at Izmir 4th Heavy Penal Court against the killer police Volkan Hicret. The hearings were carried over self-enclosed for a while. The decision was removed thanks to the objections of the lawyers and reactions. The decision was announced at the eighth hearing in 2020, November, 26.
Lawyer Deniz Yenikaya went to the police station immediately after the murder of Hande Buse Şeker. At the police station, she encountered indifferent and harassing behavior from the police. Following the murder of trans woman Hande Buse Şeker in Alsancak, Izmir, the Young LGBTI+ Association organized a demonstration. At the call of the association, anti-transphobia activists gathered in front of the Türkan Saylan Cultural Center on January 10th, 2019, proclaiming “Trans murders are political.”
The Izmir Bar Association LGBTI+ Rights Commission issued a statement after Hande Buse Şeker was killed by a police officer, asserting that “we will continue to do our duty as lawyers to end hate murders” and announced that it would follow the trial.
The LGBTI+ Rights Center of the Ankara Bar Association also released a statement saying, “The killer of Hande Şeker must be brought to justice” and announced that it would follow the trial.
The murder of Hande Buse Şeker was put on the parliamentary agenda by Serpil Kemalbay, an Izmir deputy from the Peoples’ Democratic Party (HDP), who submitted a parliamentary question to the Minister of Interior on the increasing rights violations against LGBTI+ people.
A case was filed against Volkan Hicret at the Izmir 4th Heavy Penal Court on charges of intentional killing, qualified looting thrice, insulting the memory of a person and qualified sexual assault. During the trial, a discovery was made without the presence of Şeker’s lawyers, who were suspended from the investigation.
The first hearing of the case took place on June 21. The request of the Izmir Bar Association, the Human Rights Association, the Legal Aid Association Against Sexual Violence and the Young LGBTI+ Association to intervene in the case was rejected on the grounds that they were “not direct victims” of the defendant.
The case was adjourned several times in the hearings that followed the first hearing. The court initially issued a closed decision, which was later overturned on appeal.
In the hearing held on September 24, torture and sexual assault against Hande Buse Şeker were not included in the final opinion. On 26 November 2020, at the first verdict hearing, Volkan Hicret was sentenced to life imprisonment.
The first decision was announced at the eighth hearing in 2020, November, 26. Within the scope of the verdict, Volkan Hicret was handed life sentence for murder in first degree and received 21 years imprisonment for qualified sexual assault, 5 years and 6 months for qualified looting thrice, 9 months for injury twice and 2 years for insulting the memory of a person.
The first conviction was overturned by the Court of Appeal and the lawsuit was reopened. At the hearing held on December 5th, the Izmir 4th Heavy Penal Court did not hold a retrial on the offence of intentional killing despite the objection of the lawyers. The police officer Volkan Hicret, was handed life sentence for continued sexual assault after the murder and attempted to kill the other trans woman in the house, on charges of, attempted intentional killing, qualified sexual assault and robbery. At that time, the lawyers of the case stated that the offense of intentional killing was ‘qualified’ and demanded a retrial within the scope of this offence and requested aggravated life imprisonment.
As a result of the process taken to a higher court, the Regional Court of Appeals ruled that the Izmir 4th Heavy Penal Court should conduct a retrial on the ‘offense of intentional killing’. The court held a retrial on this charge and sentenced Volkan Hicret to life imprisonment. However, a separate file was opened for the offense of murder. This time, the Regional Court of Appeals stated that the offense of intentional killing cannot be considered as a separate file in the case and issued a reversal decision on the entire file.
Following the reversal decision, the “third sentencing hearing” of the Hande Buse Şeker case was held on July 31, at the Izmir 4th Heavy Penal Court. In contrast to the previous hearings, the prosecutor requested aggravated life imprisonment for Volkan Hicret. However, the majority of the court ‘again’ voted for life imprisonment.
The prosecutor appealed the court’s verdict against the defendant Volkan Hicret following the “third sentencing hearing” held recently. In the petition submitted to the Regional Court of Appeals, the prosecutor noted that after killing Hande Buse Şeker, Volkan Hicret did not leave the scene and sexually assaulted Şeker and her friend who was also in the house. The petition emphasized that the killing was “disproportionate and excessive,” arguing that the court should acknowledge that Volkan Hicret committed the act of intentional killing brutally or through torment. The petition stated that the court’s ruling on the “intentional killing offense” was procedurally and legally flawed and argued that the court should instead rule on the offense of “intentional killing committed brutally or through torment”.
CLICK – The “third sentencing hearing” of the Hande Buse Şeker case was held
CLICK – Prosecutor appealed the verdict regarding Hande Buse Şeker case
Tags: human rights, women
