Criminal complaint filed at the HSK against prosecutor burying Garibe Gezer file 

2021-12-25 12:39:08


	 

	İSTANBUL- Family of Garibe Gezer who lost her life in Kandıra Prison and the family lawyer filed a criminal complaint against the prosecutor who brought a confidentiality order on the file to the HSK.

	 

	The investigation file of Garibe Gezer who lost her life in a cell in Kandıra No 1 Type F High Security Prison on December 9 is being witheld from her lawyers. Gezer's statement was taken for damaging her padded cell on August 11. Gezer told that she was subjected to systematic torture and sexual assault of the guardians. But the prosecutor did not start an investigation into it. The same prosecutor was appointed to investigate the death of Garibe Gezer who brought confidentiality order on both files. Lawyers of Gezer appealed to the confidentiality order decision at the Kocaeli Criminal Court of Justice. 

	 

	PROSECUTOR ON THE SIDE OF THE PRISON ADMINISTRATION

	 

	The family's lawyer, Veysi Eski, filed a criminal complaint to the Judicial Justice Commission of the Board of Judges and Prosecutors (HSK) against the prosecutor, who did not open an investigation into harassment, rape and torture of Gezer and brought a confidentiality order to the investigation launched into her death.

	 

	EVERYTHING THE PROSECUTOR DID SO FAR IS AGAINST THE LAW

	 

	Pointing to Article 153 of the Criminal Procedure Code (CMK), Eski stated that the confidentiality decision was taken unlawfully. Pointing out that the confidentiality decision can only be taken with the decision of the judge in line with the prosecutor's request, Eski also stated that in this article, the defense lawyer has the right to access and examine the contents of the file during the investigation phase, and that this right of his was also violated. Expressing that a confidentiality decision can be taken in some crimes in the Turkish Penal Code (TCK), Eski said that the confidentiality order for Gezer's file is not included in that scope.

	 

	NEGLECT OF DUTY

	 

	Reminding that the prosecutor neglected his duty by not starting an investigation into the torture and rape of Gezer and bringing a confidentiality decision to the file regarding the suspicious death of Garibe Gezer.  As stated in the principle of judicial ethics, it is not only sufficient to be impartial, but also to appear impartial is an ethical responsibility for Prosecutors. The Public Prosecutor has not only committed the crime of neglecting his duty, but also violated the ethical values of the Prosecutor's Office.”

	 

	HE MUST BE DISMISSED FROM THE CASE

	 

	Asking for an investigation to be started about the prosecutor in question, Eski emphasized that he neglected his duty and that the confidentiality decision on the file, restricts the right of defense. Eski also emphasized that the prosecutor lost his impartiality and demanded that he should be dismissed from the case.

	 

	 

	MA / Mehmet Aslan