Ercivan Özcan, who was tortured in Manisa Prison until his arm was broken, managed to convict two guards (prison officers) despite the laws protecting the torturers.
CEVHERİ GÜVEN
BOLD EXCLUSIVE – In Manisa T Type Prison, Ercivan Özcan was beaten by the guards and his left arm was broken in several spots from shoulder to elbow. Moreover, he had pneumonia in those days. After Özcan was discharged from the hospital and returned to prison, he continued his legal struggle despite the pressure by the prison administration and had two guards who tortured him expelled from their positions as the court sentenced them to 5 years imprisonment.
Ercivan Özcan, who lives in the Turgutlu district of Manisa, was detained as part of Gülen movement-related probes on September 1, 2016, over the notices made during the period of the state of emergency. He was detained in Manisa T Type Prison for 18 months and was released pending trial during the first hearing on January 29, 2018. However, he experienced severe rights violations while he was in prison.
He was tortured when he had pneumonia
Ercivan Özcan, who was 57 years old when he was arrested, stayed with 30 people in a 10-person ward and contracted pneumonia due to bad prison conditions.
Özcan was diagnosed with pneumonia on January 18, 2017, but it was decided to continue his treatment in his ward, not in the hospital. The next day, during the morning headcount, Ozcan’s ward was raided by the guards because 3 detainees were late for the counting.
Ozcan who was standing in the cold in the courtyard for 20 minutes, exposed torture because of the expression he said with the pain of his illness; “If I have the right, I will take my rightful due it in the Hereafter”. According to the information given in the indictment, Özcan was laid down by the guards by twisting his two arms upside down despite him shouting that his “arm was defective”, he was repeatedly beaten with blows particularly on his left arm.
According to the forensic report of the Manisa State Hospital, Özcan’s arm was severely fractured between the shoulder and elbow, adding that there was severe and lifelong damage to his vital functions.
Eight days without surgery
Özcan was not sent to the hospital as a separate punishment after his arm was broken. Consequently, he lost his conscious in the ward. After 2.5 hours, his arm was completely black and swollen. Özcan was transferred to Manisa State Hospital upon the insistent demand of two doctors and pharmacists in his ward.
Because of pneumonia, Ozcan lungs were in poor condition that is why he could not be operated due to life-threatening risks. Blood was taken from his arm continuously every day until he was operated finally at the end of the eighth day.
He commenced a legal struggle
Özcan was sent back to prison after the surgery and when he saw that the guards Volkan Akkuş and Özgür Kutlu who had tortured him were still on duty, he started an intense legal struggle.
Özcan brought the matter to the judiciary after the prison management continued to send these two guards for the headcount in his ward.
Ercivan Özcan, who carried out the legal struggle with great care, submitted many the reports that ‘he was vitally injured’ attaching testimony of many eye-witnesses. In the light of clear evidence and reports, the court convicted two guards on May 13, 2019.
After a long legal struggle, the guards Volkan Akkuş and Özgür Kutlu were found guilty by the Manisa 2nd High Criminal Court. While Akkuş and Kutlu were removed from the civil service, they were also sentenced to 6 years imprisonment separately. Due to their good conduct at the hearing, this penalty was reduced to 5 years.
Ercivan Özcan also filed a lawsuit against the two guards for damages due to the permanent loss of strength and weakness in his arm that gets worse day by day.
