Constitutional Court's decision to violate torture: A re-investigation should be opened 

2023-09-17 11:13:32


	 

	WAN - The Constitutional Court ruled that there was a violation of police violence against members of the Şahin family who were detained in Wan in 2018 and requested a new investigation.

	 

	The Constitutional Court (AYM) ruled as a "violation of rights" regarding the 4-day torture of the members of the Şahin family, who were detained during the house raid on July 14, 2018, in the Yalımerez District of Wan's Rêya Armûşê (İpekyolu) district. During the house raid on the said date, Ayfer, Abdulbaki, Ayhan, Abdullah and F. Şahin, as well as Şehirban Mamuk and Dilan Görür were detained. People who were tortured during and after the raid filed a criminal complaint about their torture. The prosecutor decided to "not prosecute" the application. Since the application to the Van Criminal Court of Peace did not yield any results, an application was made to the Erzurum Regional Court. After this application was rejected, an application was made to the Constitutional Court (AYM).

	 

	CONSTITUTIONAL COURT: NO FAIR TRIAL WAS HELD

	 

	The Constitutional Court, which decided on the application regarding the "violation of the ban on ill-treatment", stated that the Van Chief Public Prosecutor's Office requested the camera records from the police units regarding the moment the applicant was taken into custody and the moments when he was held in the police unit, but the relevant authorities did not keep any records at the time of the incident and the records in the police unit were deleted. Again, the Constitutional Court pointed out that the governorship did not give permission for an investigation to be launched against 66 police officers involved in the torture incident, and ruled that the application to the Erzurum Regional Court of Appeal was also rejected, therefore a fair trial was not held.

	 

	'THE INVESTIGATION SHOULD BE OPENED AGAIN'

	 

	In the decision, it was drew attention that the prosecutor's office did not conduct a criminal investigation by applying the investigation permission procedure regarding the complaint made about the police using disproportionate force, and said: "There is a legal benefit in conducting a re-investigation to eliminate the consequences of the rights violation identified in the application. In this context, the work to be done by the investigation authorities to whom the decision was sent is to initiate re-investigation procedures and make a new decision in accordance with the principles stated in the violation decision, eliminating the reasons that led the Constitutional Court to the conclusion of violation."

	 

	CLARIFICATION OF THE INCIDENT WAS PREVENTED

	 

	Evaluating the decision of the Constitutional Court regarding the violation of the "ban on ill-treatment", Lawyer Erhan Çiftçiler said: "The Constitutional Court, by the investigation authorities regarding the act of ill-treatment carried out by law enforcement officers; that he acted contrary to his obligation to act ex officio and immediately. It has been concluded that the operation of the investigation permit procedure prevents the incident under investigation from being elucidated and, when necessary, punished by those responsible. The investigation needs to be reopened and the torture incident needs to be clarified."