Sağkan: 'Right to a fair trial' violated in Şenyaşar case  

2022-03-12 11:59:10


	 

	URFA - TBB President Erinç Sağkan stated that the continuation of the restriction in the Şenyaşar family's file is a "violation of the right to a fair trial" and said, "We are worried that no concrete steps are taken in the file."

	 

	The relatives and bodyguards of AKP MP İbrahim Halil Yıldız attacked Şenyaşar family's workplace while canvassing for elections in June 14, 2018 and Celal, Adil, Mehmet, Fadık and Ferit Şenyaşar was injured as a result of the attack. The attack continued at the hospital and Celal and Adil Şenyaşar and father Hacı Esvet Şenyaşar was lynched to death in the Suruç State Hospital while brother of AKP MP Yıldız lost his life as a result of being shot by a gun which was never found.

	 

	The investigation file was seperated into two files even though the attack at the workplace and the hospital took place the same day. Fadık Şenyaşar was sentenced to 37 years 9 months in prison from the first file while Enver Yıldız was sentenced to 18 years. There still is a confidentiality order on the file about the attack in the hospital. Emine Şenyaşar and Ferit Şenyaşar who survived the attack have been staging a sit-in since March 9, 2021 demanding the perpetrators to be punished and Fadıl Şenyaşar to be released.

	 

	THOUSANDS VISITED THE FAMILY IN SOLIDARITY

	 

	Hundreds of people from dozens of cities, from Kars to Muğla, from Istanbul to Hakkari, visited the family, which is the common expression of the demands of the peoples of Turkey as an act of civil disobedience.  The first year anniversary of the sit-in was participated by hundreds of people and dozens of institutions. On March 10, Turkish Bar Association President Erinç Sağkan visited the family. Sağkan evaluated the process to Mesopotamia Agency (MA).

	 

	VIOLATION OF THE RIGHT TO A FAIR TRIAL

	 

	Reminding that there still is a confidentiality order on the file regarding the massacre that took place in the Suruç State Hospital, Sağkan said: "A confidentiality order is necessary to obtain evidence and get to the material facts. However, we are talking about an incident that took place 4 years ago. It happened in front of witnesses.Therefore, the fact that the investigation process continues for such a long time constitutes a violation of the right to a fair trial.”

	 

	Stating that the public should be informed by the Urfa Chief Public Prosecutor's Office, Sağkan noted that the public should be convinced that an effective investigation is being carried out. Underlining that the injured were lynched and murdered at the Suruç State Hospital, Sağkan said, "It is a very grave situation that an investigation has not been completed and that the suspects have not been taken into custody and their statements have not been taken. It will be very difficult to believe that a fair trial process will emerge from this picture. At this point, the Office of the Chief Public Prosecutor should immediately inform the family at what stage this file is, by meeting with the family's lawyers and the family, so as not to harm the restriction decision. The suspects must be identified as soon as possible, and the case must be transformed into a public case.

	 

	'WE VISITED THE FAMILY FOR SUPPORT'

	 

	Mentioning that the Şenyaşar family has been on Justice Watch in front of the Urfa Courthouse for more than a year to demand "justice," Sağkan said, "A mother has been waiting for justice in tears in front of a courthouse for a year. His two children and his wife were killed in plain sight. The fact that we could not see concrete steps regarding this when such a clear situation is evident, first of all worries us as a lawyer. We wanted to be present to visit the family and share their pain. It is our duty to follow up the investigation effectively and to be in legal solidarity with the Urfa Bar Association and the lawyers of the file. We visited the family in order to learn the details and to support them through the process."

	 

	'REMOVE THE CONFIDENTIALITY ORDER ON THE FILE'

	 

	"We all know what needs to be done," said Sağkan, "The public needs to be informed. An indictment should be prepared quickly and it should evolve into a prosecution process. The restriction decision must be lifted and we should be able to see what has been done so far, and what caused this delay. After that, we need to know what needs to be done to establish justice. We have no information about the file. There is an ongoing investigation process for 4 years and we do not know what the collected evidence is or who is the suspect. To date, we have no idea why there were no detentions and arrests. It is the duty of the Urfa Chief Public Prosecutor's Office to eliminate these elements.This is our expectation from the Attorney General."

	  

	 

	MA / Emrullah Acar - Ceylan Şahinli