No criminal investigation against destruction of gravestone 

2020-11-07 09:56:18


	 

	HAKKARİ - Despite the fact that family of Süleyman Aksu, who lost his life in the Suruç Massacre, filed a criminal complaint because their son's gravestone was destroyed 6 times since his death, no criminal investigation was launched into the destruction of his gravestone.

	 

	Many cemeteries in the region were destroyed by bombing or by sledgehammers and construction equipment after the June 7, 2015 elections. Attacks on the graveyards of PKK members who lost their lives in the region on different dates continued unabated. One of the places where cemeteries have been destroyed is the cemetery in Orman Neighborhood in Hakkari's Yüksekova district. This cemetery was demolished 6 times until 19 April 2019 after the curfew declared on 13 March 2016 that lasted for 79 days.

	 

	The gravestone of Süleyman Aksu, one of the 33 young people who lost their lives in the bomb attack organized by ISIS on 20 July 2015 in Suruç district of Urfa, is also located in this cemetery. Aksu's mother Kudret Aksu filed a criminal complaint on April 25, 2019, regarding the destruction of the cemetery. Aksu applied to the Yüksekova Chief Public Prosecutor's Office for "insulting the memory of a person" and "damaging places of worship and cemeteries" and demanded a public action against the Special Operations Police to be taken.

	 

	In the criminal complaint made by Aksu's lawyer, the following points were pointed out:

	 

	1- In order to investigate the material truth and to make a fair trial, the investigation should be carried out in an effective, complete, swift and orderly manner on the basis of the crimes of Insulting the Memory of the Person (TCK 130) and Damaging Places of Worship and Cemeteries regulated in Article 130 of the Turkish Penal Code and Article 153 of the TCK, 

	 

	2- As a requirement of an independent and impartial investigation, all kinds of investigation procedures regarding the investigation are carried out by the prosecutor's office, not by the police,

	 

	3- Immediately requesting the  camera records of the armored vehicles and scoops used by all law enforcement officers on the day of the incident and the camera recordings of the security forces campus located near the cemetery in Orman Mahallesi, to be evaluated by an impartial expert,

	 

	4- The detection of witnesses who were at the scene of the incident and have knowledge about the incident and these persons to be heard as witnesses,

	 

	5-Taking precautions to prevent the loss and spoilation of the evidence by ensuring the security of the scene when necessary, and to go to the scene immediately,

	 

	6- Examining the crime scene and making a comparison with the allegations alleged by making a discovery, having the photographs or images of the crime scene identified in a way to enlighten the investigation, and also to record the actions taken in detail, 

	 

	7- Taking the statements of the suspects without delay and in accordance with the provisions of the procedure and the law,

	 

	8- Urgently applying for an arrest warrant to be issued for the suspects to be identified to prevent their attempts to spoil the evidence."

	 

	Despite the passing 1 and a half year, the prosecutor's office did not take any action regarding the criminal complaint. 

	 

	The cemetery was attacked once again on May 1, 2020, after the criminal complaint filed by the Aksu family.

	 

	 

	MA / Müjdat Can