Lawyer of Kazanhan Dilsiz family: Constitutional Court set precedent 

2023-01-04 10:33:12


	 

	ŞIRNAK - Stating that the Constitutional Court has set a precedent in the Nihat Kazanhan case, Şırnak Bar Association President Rojhat Dilsiz said: "This decision is important in terms of eliminating the perception that 'we will not be prosecuted no matter how much we act against the law'."

	 

	The Constitutional Court (AYM) recently announced the rationale for its decision regarding the murder of 12-year-old Nihat Kazanhan by the police on January 14, 2015 in the Cizîr (Cizre) district of Şırnak. In the decision, it was emphasized that Kazanhan's right to life was violated, and it was concluded that "the right to life has been violated and unfair provocation discount cannot be applied and this situation prevents deterrence aimed at preventing similar violations". Kazanhan family lawyer and Şırnak Bar Association President Rojhat Dilsiz evaluated the reasoned decision of the Constitutional Court.

	 

	DECISION OF THE CONSTITUTIONAL COURT

	 

	Expressing that they have been fighting against the policy of impunity for 7 years, Dilsiz said: "The decision of the Constitutional Court is important. The decision of the Constitutional Court regarding the Kazanhan case is important in that it points out the points we stated in the application process. More than 300 children were killed by the soldiers and police in 20 years. This decision of the Constitutional Court makes us happy in a way. We have struggled for a long time to prevent similar incidents and to prevent such crimes from committing crimes."

	 

	Stating that there are serious problems in the investigation stages in similar files, Dilsiz said: "A reflex is shown in terms of obscuring and covering up the evidence. At that time, the police and the governor's office made a statement and argued that the police were not in the area where the incident took place. The Prime Minister of the time, Ahmet Davutoğlu, and the Ministry of Interior also stated that the incident was discussed with the police. There were statements that it was not processed."

	 

	RETRIAL PROCESS

	 

	Stating that the decisions of the Constitutional Court are binding, Dilsiz said: "The decisions of the Constitutional Court and the ECtHR are binding and indisputable. However, the local courts did not unlawfully comply with the decisions of the Constitutional Court and the ECtHR regarding the Demirtaş and Kavala files. The retrial process will begin in Turkey. Considering the issues that the Constitutional Court refers to in such an important way, we think that the local court will also comply with the decision of the Constitutional Court. The decision will go to the criminal chamber so that the perpetrator can receive the necessary punishment. We do not think that he will have an attitude of resistance. However, we also see that the law in this country has often been murdered lately and that the laws have not been followed. If the local court does not implement the decision of the Constitutional Court, we will use all legal means against it."

	 

	IMPORTANCE OF THE DECISION

	 

	Pointing out that the decision of the Constitutional Court is important in many respects, Dilsiz continued: "In the decision of the Constitutional Court, it is stated that the law enforcement officer says: 'Will you commit murder when you are provoked in every social incident? It is not possible for you to have such freedom' because there is a perception that 'No matter what we do, no matter how unlawful we act in social events, we will not be investigated or the punishment that will be imposed on us due to the impunity policy in the trial will be given from the minimum situation'. It's important for disposal."

	 

	MA / Dilgeş Ruvanas