Halfeti Case lawyers: Decision was made before investigation into allegations of torture

2021-06-26 16:23:49


	 

	URFA - Lawyers of the Halfeti Case who stated that the 50 years of prison sentence given to 14 people was a violation of the law, stated that the only evidences in the file was statements taken under torture and the court decided before running an investigation into the allegations of torture.

	 

	14 people were sentenced to a total of 50 years in prison in the lawsuit filed against 17 people, 8 of whom are currently behind bars following a clash between HPG members and the police in Halfeti district of Urfa.  It was revealed that the detainees were tortured with the photograph showing that they were lying face down in handcuffs in the garden of Yalak Gendarmerie Station, and the medical reports of the detainees proved their claims in their statements. The torture caused an international outcry and Urfa Chief Public Prosecutor started an investigation into the allegations of toture. However, Urfa 5th High Criminal Court sentenced 15 people to a total of 50 years in prison before this investigation was completed.

	 

	IT'S A VIOLATION OF THE LAW

	 

	Attorney Meral Halat who has the power of attorney in the torture file told that making a decision before the investigation was completed is a violation of the law. Underlining that the statements of the detainees were taken under torture and illegally and the decision of prison sentence was given with these statements, Halat said: ""Both our domestic legislation and the international conventions we are a party to have been violated. The purpose of the criminal proceedings is to punish the crime based on the evidence duly obtained. It is a grave and unlawful decision to punish the defendants based on the statements given under torture. A criminal complaint has been filed regarding the torture of the defendants. The court committee has to wait for the investigation to be concluded. There are very serious allegations of torture in the file. Even the forensic medicine reports in the investigation file reveal the gravity of the torture."

	 

	'THOSE SUBJECTED TO TORTURE ARE STILL SUFFERING FROM PSYCHOLOGICAL ISSUES'

	 

	Stating that those who were subjected to torture still suffer from psychological problems, Halat said, "These people live in fear of being tortured again at any moment. Unfortunately, they have lost their inner peace and feeling of security. The people who have been subjected to all kinds of torture imaginable did not have any other way than accepting the accusations. The right not to be subjected to torture and ill-treatment and to be punished of this nature is a right that is absolutely prohibited in international law, with no exceptions, including in a state of war. It is clearly forbidden and accepted that the statements taken under torture will not be taken as a basis for the verdict. It is worrying that the investigation of a very serious allegation such as torture is taken as a basis for the verdict without waiting for the result of the investigation."

	 

	'THEY ARE TRYING TO COVER UP THE TORTURE AND END THE LAW SUIT FAST'

	 

	Stating that the verdict should be overturned and a verdict of acquittal should be made, Halat said, "If the evidence collected at the end of the investigation phase creates sufficient suspicion that the crime has been committed, the Public Prosecutor issues an indictment. In fact, the statements and reports in the file alone are sufficient for the indictment to be written at this stage. The fact that the investigation is ran very wlowly creates concerns that they want to cover it the torture up and end the lawsuit fast. Our clients should have been acquitted. We will appeal against the decision."

	 

	 

	MA / Barış Polat