17/01/2024 | Writer: Yıldız Tar
Robbery and intentional killing with premeditation were not included in the final opinion of murder case of Ecem Seçkin. The defendant Mustafa Fidan had gone to Seçkin’s residence with three knives and he was wearing plastic gloves. The case was postponed to February.
Mustafa Fidan, who is on trial for murdering sex worker, trans woman Ecem Seçkin, appeared before the judge at the İzmir 17th Heavy Penal Court, on January 15. Fidan was brought to the fourth hearing from İzmir 1 No T-Type Closed Prison, where he has been kept.
Seçkin’s mother and lawyer Sena Yazıbağlı attended the hearing. LGBTI+ rights defenders also followed the trial.
The case was postponed to February 19 at 11:40 a.m. in order for Fidan to present his defense against the final opinion of the prosecutor, which was submitted to the file earlier on the hearing.
Ecem Seçkin’s mother: “My child didn’t deserve to die in such a way”
Ecem Seçkin’s mother reacted against saying “My child didn’t deserve to die in such a way, let justice prevail.” And defendant Fidan said “I regret.”
Seçkin’s attorney Yazıbağlı criticized the final opinion of the prosecutor. Stating that the final opinion included fewer crimes than those requested in the indictment and said, “This murder has affected the social conscience. That is why the decision of your court is essential. Punishment has a side that is closely related to social conscience and public opinion. The final opinion states that there was no robbery and that there was no intentional killing committed brutally or through torment with premeditation. Our demand from day one has been that this murder was a hate crime, that it was committed brutally with premeditation, and that the punishment should be commensurate with that.”
What disappeared from the indictment to the final opinion
The first days of 2023 had witnessed the murder of a trans woman once again. Ecem Seçkin, a sex worker trans woman living in Alsancak, İzmir, was murdered by her client. Following the murder, Mustafa Fidan had been arrested as a defendant on January 5.
Public Prosecutor Filiz Bulut prepared an indictment on the basis of the suspect’s defense, witness statements, camera footage, the autopsy report and the crime scene investigation report. Seçkin’s mother, father and brother were included in the file as complainants.
Considering 31 stab wounds, 8 of which were fatal, the prosecutor stated that Fidan had committed the act of intentional killing with knife, with premeditation, brutally or through torment in order to conceal an offense, destroy evidence, facilitate the commission of another offense or prevent apprehension. In addition she demanded that Fidan should be put on trial on the grounds of carrying an unlicensed knife and qualified robbery with the use of a weapon, in a residence, at night. After the indictment was accepted, a lawsuit was filed.
Four trials have been held within the case till now. Earlier on the fourth hearing, the prosecutor submitted her final opinion.
Although the investigation prosecutor demanded a punishment for Fidan on the grounds of intentional killing with knife, with premeditation, brutally or through torment as mentioned in the indictment; and although Fidan had gone to Seçkin’s house wearing plastic gloves; the trial prosecutor didn’t take “intentional killing with premeditation” into consideration.
Fidan had stolen Seçkin’s phone and dropped it after another trans woman intervened. The prosecutor claimed that the crime of “robbery” had therefore not been committed.
Commenting on the prosecutor’s final opinion to KaosGL.org, lawyer Yazıbağlı said: “Black plastic gloves come out of the defendant’s pocket. It is certain that he went home with three knives. The intentional killing with premeditation and the efforts to destroy the evidence of the crime are obvious.” Yazıbağlı added that the crime of robbery was committed and Fidan dropped the mobile phone he stole after he noticed that another trans woman had seen the incident.”
The defendant had gone to Ecem’s house with three knives
One of the trans women witnesses included in the indictment said that Ecem had left her house by saying “My client will come” and soon after she had heard shouting from Ecem’s house. Therewith having gone up to window and seen nothing, the witness told that she went out the street where she met Mustafa Fidan. Mustafa Fidan dodged the witness’s question “Why are you shouting?” Then the witness, who was also Ecem’s friend, called her and she realized that the sound of the phone ringing was coming over Fidan. When the witness asked “Why do you have Ecem’s phone, give it back to me immediately”, Fidan started to run away. While running away, Ecem’s bag, phone and a knife chucked down.
Then the witness went to Ecem’s house with another friend. The door wasn’t opened and they got in by breaking the door and they found Ecem lying on the floor. Meanwhile Mustafa Fidan was trying to escape to Torbalı in a commercial taxi he had taken. The police detained Fidan in the taxi.
Although Fidan didn’t admit intentional killing in his statement, 31 stab wounds, 8 of which were fatal, were revealed in the autopsy report.
And the criminal report revealed that Fidan entered the house with three knives, and he didn’t have a license to carry one of the knives, which needed to be licensed.
Fidan’s lawyer said that his client suffered from bipolar disorder and that the defendant’s mental illness should be taken into consideration. Therewith Fidan was referred to a hospital. Medical Board determined that Fidan didn’t have a mental illness that would prevent or reduce his ability to perceive the legal consequences of his crimes and direct his behavior.
In the second hearing of the case, which took place on 29 September 2023, witnesses to the events of the night of the incident were heard. The driver of the taxi that Fidan got into after the murder said that Fidan was in a state of agitation. On the other hand, Ecem’s neighbor, Sibel, described what happened that night as follows:
“Ecem and I used to live in opposite buildings. Our houses were facing each other. Ecem came to my house and we sat down and ate fruit two hours before she died. She told me that she was waiting a guest coming to visit her and she left. I was sitting in the living room, facing the street and the building where Ecem lived, when I looked out of the window I heard noises coming from the street. I saw our friend Tutku in a fight with the defendant Mustafa on the street. I went out to the street from my house on the second floor. When I arrived, they were still fighting, I reached out my hand to hold the person. As soon as I grabbed his coat Ecem’s bag, mobile phone and 2 knives that the person had hidden in his coat fell to the ground. The person ran away. I asked Tutku where Ecem was. We took the bag and the mobile phone that had fallen on the floor but we left the knives. One of the knives was small and the other was bloody and big, it was like a hunting knife. We went up to Ecem’s flat with Tutku, the door was closed. Although we knocked on it several times, it wasn’t opened. Finally we could break the door and were able to see Ecem lying face down on the floor. Having kept pushing the door we were able to enter in and realized that Ecem was dead. We called the ambulance, our friends from the neighbourhood also came, and then we went to the police station for the formalities. I have been living in the same quarter, the street where the crime took place, for many years and although I had never seen the accused with Ecem before, I had seen him many times on our street.”
Translation: Selma Koçak
Tags: human rights, women
