Saturday, September 26, 2009

Prosecutor Ignores Official Report and Closes Child's Torture Case
Submitted by Tsiatsan on Friday, September 25 2009
güncel Tolga KORKUT- Lawyer Timur objected the attorney general's decision of another nolle prosequi after a report from TİHV had not been taken into consideration. The report proved that C.E. had been tortured by the police and in prison. The family awaits the case to be discussed before the ECHR.
The attorney general of Hakkari (southeast of Turkey) once more ruled for nolle prosequi regarding charges of torturing 16-year-old C.E. by the police and in prison. The teenager's lawyer Fahri Timur informed bianet that he objected the decision and now expects the decision of the the Van High Criminal Court.

Cameras recorded evidence of the police twisting C.E.'s arm when they arrested him after last year's Newroz demonstrations. Later on, the adolescent said that he had been tortured in the Hakkari Police Station and in the Hakkari Closed Prison, which has been shut down in the meantime.
"Prosecutor does not consider written proof of torture"

According to information from Timur, the prosecutor's office did not consider the report prepared by the Human Rights Foundation of Turkey (TİHV) which proves C.E.'s torture allegations. The report was prepared in line with international standards and in accordance with the Istanbul Protocol. Timur summarizes the situation as follows:

"The report documents injuries on C.E.'s arm and other parts of his body. These findings matchC.E.'s descriptions. Most importantly, the report documents the traumatic stress disorder C.E. experienced later on because of the torture".

"The prosecutor's office has to consider all pros and cons of the collected evidence, also the documents that show the unjust treatment of the victim. The prosecutor's office only considers the state hospital's report stating "no assault" and the referring report from the Forensic Medicine Branch Office. However, the report from TİHV shows that in the other reports suitable methods which could have determined that torture did not happen were not applied.
File at ECHR

The familiy of teenager C.E. applied to the European Court of Human Rights (ECHR) last year. Timur declared that they are waiting for the file to be discussed. The file is not only concerned with torture, but furthermore it includes the lack of investigation on the torture's effects".
No trial for the police or prison officials

According to Timur, the prosecutor's office ruled for a nolle prosequi for the police in March 2008. The Van High Criminal Court rejected objections. After this, a criminal complaint was filed against officials, staff and doctors of the Hakkari Prison. Again, the court entered an order of a nolle prosequi.

Timur applied to the Ministries of Justice and Health respectively. Upon the request of the Ministry another investigation was launched and resulted in the latest entry of a nolle prosequi in August.
C.E. on trial

During the whole process nor any officials from the police neither from the prison appeared before the court. Yet, according to Timur, 3 cases have been filed against adolescent C.E. demanding prison sentences of up to a total of 30 years. In one of these cases tried in Van the 16-year-old is accused of "spreading propaganda of a terror organization".
"He wants to become a lawyer"

C.E.'s father H.E. spoke on Peace Day on 1 September in an event organized by the Justice for Children Group. This is what he said:

"My son faces 20 years imprisonment. He asked me 'Dad, I am young, will they effect that penalty on me?' I told him 'My son, they punish children younger than you. They will also punish you. There is no justice'".

H.E. added that his son was in psychiatric treatment after the torture and that he has to take medication. He said: "He entered second year in high school. He wants to become a lawyer. I also want him to become a lawyer or a doctor". (TK/VK)