Either the perpetrators are 'unknown' or their deaths are 'in accordance with the law'

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  • 11:05 11 October 2021
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DİYARBAKIR - The files of the children killed during the curfews are either left unsolved or a decision of "non-prosecution" is given. 14-year-old Cihat Morgül has been added to the list of children whose cases have been closed for alleged "membership in a terrorist organization".

Investigation files launched into the deaths of the children who lost their lives during the curfews declared between 2015-2016 in Diyarbakır, Şırnak, Hakkari and Mardin are being closed one after the other. Some of the files are being closed with the decision of non-prosecution while some are shelved with a permanent search warrant and it is claimed that the perpetrators could not be identified despite all investigations.Applications against the decisions are also generally rejected by the higher courts on the grounds that they are "in accordance with the law".
Cemile Çağırga (10) who were shot in front of her house whose body was kept in a freezer, Bünyamin İrci (14), Selman Ağar (9), Hakkı Külte (13), cenazesi 20 gün sonra bulunan Fatma Elarslan (13), Hüseyin Ertene (16), Mehmet Mete (10), Rozerin Çukur (17) ve Aydın Mete (17) are among the names whose files were closed. 14-year-old Cihat Morgül, who died during the ban in Sur, was added to the names of the children whose cases were closed recently.
Morgül, a senior secondary school student living in Sur, passed away in February 2016, when the ban was still in effect. Due to the ongoing clashes, Morgül's funeral could not be taken out of the blockaded neighborhood and he was buried in Sur. The body, which was later removed from the the place where he was buried, was taken to the Gaziantep Forensic Medicine morgue. After waiting there for a while, he was buried this time in Gaziantep Municipality Cemetery, without waiting for the DNA results. After the DNA match, Morgül's body was brought to Diyarbakır Yeniköy Cemetery and buried for the third time.
The investigation launched into the death of Morgül also ended in non-prosecution. Diyarbakır Chief Public Prosecutor's Office claimed that Morgül carried out an armed attack against the law enforcement even though there were no evidence that he did so. The lawyers objected to the non-prosecution decision.
Lawyers of the Diyarbakır Branch of the Human Rights Association (İHD), who provided legal support to the family, applied to the Constitutional Court (AYM). In the petition, it was stated that there was no document or information regarding Morgül's "membership in a terrorist organization" or "participating in an armed action". In the application, it was emphasized that an effective investigation was not carried out regarding the death, lawyers requested that an effective investigation should be started.
In addition to the Constitutional Court application, the lawyers applied to the Diyarbakır Administrative Court regarding the Ministry of Interior. The 1st Administrative Court, which examined the application, rejected the application. In the decision, in which it was claimed that the way the death occurred and the perpetrator were uncertain, the reason for the rejection was that Morgül's name was mentioned in the list announced by Yekineyên Parastina Sivîl (YPS) regarding those who lost their lives in Sur.
The decision of the Administrative Court was deemed "in accordance with the law" by the Gaziantep Regional Administrative Court. The lawyers applied to the Council of State upon the rejection of the objection.
MA / Gökhan Altay

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