Despite assurances given to ECtHR, file was closed

  • actual
  • 10:11 7 October 2021
  • |
img
VAN - Dspite Turkey's commitment to the ECtHR regarding the case of Zahir Yılmaz, who was killed by soldiers 18 years ago in Çaldıran, the local court closed the case.
 
The case of 14-year-old Zahir Yılmaz, who was killed by soldiers on October 1, 2003, near the Qaşım (Üçgözler) District on the Çaldıran-Iran border of Van, has not been concluded for 18 years. Although Turkey's assurance to the European Court of Human Rights (ECHR) that it would be possible to reopen the criminal proceedings against the soldiers in question, the local court did not recognize the decision.
 
SOLDIERS WERE ACQUITTED
 
Right after the incident in 2003, the Yılmaz family filed a criminal complaint against the soldiers in the police station through their lawyers. In addition, an investigation was launched against 10 soldiers on the charge of "deliberate killing". After the indictment was accepted, all the soldiers were acquitted in the trial held at the Erciş High Criminal Court. The appeal made to the Supreme Court was also rejected and the case resulted in impunity.
 
RETRIAL WAS PROMISED
 
After exhausting domestic remedies, the family applied to the ECtHR through their lawyers. Sending a defense to the ECtHR on December 14, 2020 with the start of the trial, Turkey emphasized that it would be possible to reopen the criminal proceedings against the acquitted soldiers. The ECtHR, on the other hand, announced its decision against Turkey's commitment on July 1, 2021. ECtHR stressed that Turkey accepted the violation in the case file and a retrial was in order. ECtHR decision continued as follows: "The Government considered that the aforementioned remedy could provide redress in respect of the applicants' complaints under Article 2 of the Convention. The Government therefore proposes to pay all kinds of pecuniary and non-pecuniary damages to the applicants in order to resolve the pending case before the European Court of Human Rights."
 
LOCAL COURT CLOSED THE FILE
 
The ECtHR also underlined that if the government does not comply with the unilateral notification conditions, the application can be taken back to the list of cases. Lawyer Murat Timur, who applied to the Erciş High Criminal Court on July 7, 2021 after the verdict, demanded that the file regarding the acquitted public officials to be reopened. The court rejected the request on the grounds that Turkey's unilateral notification to the ECtHR was not considered among the reasons for the retrial. In the objection made to the Van 3rd High Criminal Court against this decision, the court stated that the decision of the Erciş High Criminal Court was appropriate, without giving any reason, and did not recognize the commitment Turkey made to the ECtHR.
 
'THE WHOLE PROCESS IS UNLAWFUL'
 
Evaluating the decision, attorney Murat Timur said: "Hundreds of people were killed at the border while border trading since 2000. Most of these cases ended in non-prosecution. The law enforcement officers, who are the defendant of these cases were acquitted on grounds that they were doing their duty. It is possible to say that the impunity policy of the judiciary has been institutionalized in all deaths in the border region. Since this approach shows that any intervention by public officials at the border will be tolerated, public officials can easily commit all kinds crimes."
 
Timur said that since there is no opportunity for citizens to make a living in all border villages, it has been known that public authorities have allowed border trading for years.Since an effective and fair investigation was not conducted in the investigation regarding the death of the client's relative, those responsible for the incident were not punished. As a matter of fact, in the declaration submitted by the government to the ECtHR, it accepts that the clients' right to life has been violated in this case. Either these courts do not know the nature of the ECtHR's decisions or they have an assessment that the ECtHR's decisions are not binding. In both cases, it shows that the judges did not implement the judicial decision on purpose. We have already informed the ECtHR of our opinion that the judicial system, which does not fulfill even the ECtHR's conviction decisions, will not comply with the retrial if the declaration is accepted. The applicants have been fighting for justice in Turkey for 18 years. The violations of the ECtHR regarding the death cases in the border regions recently show that the violations in this region occur systematically and that the judicial and administrative bodies act with a common policy of impunity. With the rejection of our objection after this decision, the legal process in Turkey was completed. We will apply to the ECtHR for the file to be included in the case list again."
 
MA / Adnan Bilen 

View More Articles

03/12/2021
16:26 Sit in at Sêmalka enters day 60
15:33 Justice Watch in Diyarbakır Bar Association on day 18
15:32 European Council demanded Demirtaş's release
15:29 Şenyaşar family calls for solidarity with the Justice Watch
13:14 New application submitted by Öcalan's family and guardian
13:00 Committee of Ministers of Council of Europe announced its decision on Öcalan
12:26 Relatives of Kurdish political prisoners forced to speak Turkish in Prisons
10:31 TİHV Chair Bakkalcı: The isolation in İmralı is unacceptable
10:14 Artist imposed strip search during home raid
09:49 Boltan on Justice Watch: We want justice for all
08:42 ISIS attack in Maxmur Camp: 12 people lost their lives
02/12/2021
14:43 Roussopoulos calls for international delegation to investigate Turkey's use of chemical weapons
14:42 Lawyers of Öcalan applied for 'urgent meeting' with their client
14:42 Justice Watch of families of prisoners enters day 17
13:41 Release of prisoner delayed for choosing 'partisan ward'
13:22 European Council expects action plan for İmralı
01/12/2021
13:01 6 people killed in 2 months in Afrin, 95 people kidnapped
12:48 Şenyaşar family: There will be no making amends before those responsible are held to account
12:48 Sit in at Sêmalka enters day 58
12:47 111 journalists stood trial for 1,817 years in prison
12:47 Families of İmralı prisoners to hold talks in Ankara
10:16 Mervanî participating in Justice Watch: Mothers are a hope for all
30/11/2021
16:42 HDP, DBP, DTK and TJA call for increased struggle against the isolation of Öcalan
16:41 Sit in at Sêmalka on its 57th day
15:52 Justice Watch for prisoners continues on 15th day
15:52 Emine Şenyaşar summoned to give a statement to the police for the 9th time
15:51 Attorneys submit new application to visit Öcalan
12:13 'Special law' for İmralı on the agenda of Committee of Ministers
11:09 Mother whose daughter was killed with chemical weapons says communication with Öcalan will solve the problems
10:45 Women from four parts of Kurdistan: Kurds have to unite
10:44 Contentration camp of 21st century: Patnos Prison
29/11/2021
15:20 Two new disciplinary punishment for Öcalan
15:06 Justice Watch of relatives of prisoners on 14th day
13:38 Şenyaşar: Laws are not enforced in Urfa
13:37 Uca: If Europe acts bravely, Turkey's war policy will come to an end
12:35 Kobané Case: E-mail claimed to be send by PYD reveals to be unfounded
09:48 Police left man paralyzed, court says it is in 'justifiable'
27/11/2021
14:53 Law suit filed against journalist Sala for allegedly working for Roj TV 12 years later
14:52 Karayılan announced names of chemicals used in Federated Kurdistan
11:43 Şenyaşar Family's Justice Watch enters day 264
11:41 Aydeniz: The way to a free life is through resistance
11:40 House raids in multiple cities
26/11/2021
17:34 Untreated sick patlient dies in prison
17:33 Gezi Trial: Kavala remains in prison
16:56 New application submitted by Öcalan's family and guardian
14:09 Justice Watch of relatives of prisoners on day 11
14:06 Lawyers of Öcalan applies to international institutions: Expose this illegal isolation
14:05 33 women on trial for defending İstanbul Convention
13:17 Şenyaşar Family: Enforce the law in Urfa
13:17 Scores of HDP members detained in Kocaeli and İstanbul