19-23.09.2009 Daily Human Rights Report
(09/102) Impunity in extra-judicial killing case…
The Supreme Court of Appeals’ Criminal General Assembly decided for the acquittal of specialist sergeant G.Y. The soldier had fired his gun into the crowd during a demonstration and killed one person. The incident happened in 2005. Specialist sergeant G.Y., coming from the Special Operations Battalion Command, drove in an SUV together with two gendarmes and a soldier to the city center of Siirt in the southeast of Turkey. They were going to the scene of a press release with a group of 150-200 people on the street. The car was left in the middle of a clash between the police and the protesters. A part of the crowd threw stones to the vehicle and two soldiers were slightly injured. When the attack continued despite warnings of the police, the sergeant fired 7 bullets out of the side window of the SUV, killing Abdullah Aydan who was part of the crowd. The Siirt Heavy Penal Court acquitted G.Y..
An appeal was filed and the decision was brought to the Court of Appeals. The Court of Appeal's Public Prosecutor's Office demanded punishment for the sergeant because of "death caused by negligence". The Supreme Court of Appeals approved the 1st Criminal Chamber's decision for acquittal. The prosecutor's office lodged another appeal and the case was carried to the Criminal General Assembly. The prosecutor's office emphasized that the crowd had not surrounded the military vehicle, that the crowd had been smaller than specified and that the accused soldier did not voice any warning before he shot. However, the assembly rejected the objection and decided to approve the chamber's decision on 18 March 2009. Last week the involved parties received a written notification about the reasons for the decision. According to the notification, sergeant G.Y. made use of his right to defend himself.
Considering the situation his defence was evaluated as commensurable. The crowd apparently shouted slogans like "Kurdistan will become the grave of fascism" and "This is Kurdistan, not Turkey". Allegedly, the crowd severely damaged the car and two soldiers were injured. In this situation the sergeant lost his nerve because of excusable excitement, fear or hastiness, which can account for "a reason for impunity". "It can be accepted that the borders of legal defence have been exceeded because of excusable fear or hastiness, taking into account that death threats increased the intensity of the actual attack despite warnings and regarding the regional characteristics of the scene". Although the local prosecutor's office, the local court, the public prosecutor's office and the 1st Criminal Chamber of the Court of Appeals unanimously stated that the "deceased person was not among the attackers", the assembly based its decision on the explanation that Abdullah Aydan was indeed among them. According to the case-law of this decision, considering similar situations where unarmed people throw stones and security forces kill a person because of comparable fear and hastiness, this will not account for a reason of punishment since the decision constitutes a precedent (http://www.bianet.org/english/minorities/117183- soldiers-acquittal-precedent-case-for-impunity-after-killing-civilians) (ntvmsnbc.com, 22 September; TİHV, 23 September).
(09/103) Explosion in Çukurca District…
Omer Seven (65) was killed in the explosion of a mine in Cukurca District of Hakkari Province on 22 September 2009 (ntvmsnbc.com, 22 September).
(09/104) Explosion in Cizre District…
Kemal Ciftci (16) was wounded in the explosion of a mine in Cizre District of Sırnak Province on 18 September 2009 (Milliyet, 18 September).
(09/105) Operations and clashes in South-east…
No one was wounded or killed in the attack of Kurdistan Workers’ Party’s (PKKKurdish Workers' Party ) armed wing People’s Defence Forces (HPGPeople's Defence Forces (armed wing of the PKK) ) on the Gendarmerie Headquarters in Durankaya Municipality in Hakkari Province on 22 September 2009 (ntvmsnbc.com, 22 September).
(09/106) Intervention in Refugee Camp…
Seven refugees who protested the raid of the law enforcement officers in the Gazi Osman Pasa Refugee Camp in Kırklareli Provincent were wounded in the intervention of the law enforcement officers with batons and pepper gas to the protest on 18 September 2009 (TİHV, 20 September).
(09/107) Attack on Kurdish workers in Balıkesir Province…
Villagers attack on 15 Kurdish workers and wounded two of them who came to the village from Sanlıurfa Province to work in the factory in Balıklı Village of Balıkesir Province (atilim.org, 19 September).
(09/108) Threatened person…
On 18 September 2009, Cağrı Gedik, a member of Socialist Workers of Association made a public statement in Human Rights Association’s (HRAHuman Rights Association /IHD) Ankara Branch and claimed that he was forced to get into a civil police vehicle and threatened with “everything could be happened to him and his family unless he did not accept to be an agent” (atilim.org, 18 September).
(09/109) Threatened and detained worker of a newspaper…
Mehmet Sait Ozbadem applied to the IHD’s Adana Branch and claimed that he was threatened on the grounds that he has been selling Azadiya Welat Newspaper in Ceyhan District of Adana Province on 17 September 2009. He was detained on 19 September 2009 (atilim.org, 19 September).
(09/110) Hold of publication…
İstanbul Heavy Penal Court No. 14 sentenced the Demokratik Acılım Newspaper with hold of publication for one month in connection with a news published on 22 September 2009 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 22 September 2009 (Radikal, 23 September).
(09/111) Restricted website…
A local court restricted the access to the website of the Federation of Socialist Youth Associations (SGDF), http://www.sgdf.biz, on 19 September 2009. The federation has been going on its broadcast from http://www.sgdf.in (ozgurradyo.com, 19 September).
(09/112) Restricted websites…
Beyoğlu Chief Public Prosecution Office restricted the access to the websites, tr.myspace.com, lastfm.com.tr, akilli.tv with its decision on 26.06.2009 and No. 2009/45 on 19 September 2009. The decision was annulled on 22 September 2009 (Sabah; bianet.org, 20 September; Cumhuriyet, 22 September).
(09/113) Tried person…
İskenderun Penal Court of First Instance No.2 went on hearing the case against Ersen Korkmaz,the owner of Demokrat İskenderun Newspaper and Mahmut Aydıncı, Democratic Society Party’s (DTP) İskenderun (Hatay) District chairperson, in connection with the interview with Mahmut Aydıncı which was published on 18 November 2008 in the newspaper on charges of “praising crime and criminal” under the Article of 215/1 of TPCTurkish Penal Code on 17 September 2009. The hearing was postponed to 9 December 2009 to gather the missing documents (bianet.org, 18 September).
(09/114) Investigation launched…
Bakırkoy Chief Public Prosecution Office launched an investigation against the interview of Milliyet Newspaper’s writer Devrim Sevimay with artist Hulya Avsar on the “democratic initiative” which was publiched in the newspaper on 24–25 August 2009 on charges of “inciting people to hatred and enmity” under Article 216 of TPC on 22 September 2009 (Milliyet, 23 September).
(09/115) Attack on institution building…
Material damage occurred in the attack on Socialist Platform of the Oppresseds’ (ESP) İkitelli District of İstanbul Province representative office with stones on 21 September 2009 (atilim.org, 22 September).
(09/116) Detentions and arrests…
Two members of the People’s House (Halkevleri) were detained after the protest against the coup d’etat on 12 September 1980 in the anniversary of it in Konya Province on 14 September 2009 (Birgun, 18 September).
Dilek Tas, a member of Patriotic Democratic Youth Assembly (YDG-M), who had been detained in Ergani District of Diyarbakır Province on 19 September 2009 was arrested on charges of “making propaganda of an illegal organisation” and “having illegal publications” on 20 September 2009 (Gundem, 20 September).
