
Council of State overturns file of 14-year-old boy, murdered in Sur 

2023-01-14 10:37:31


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	DİYARBAKIR - The Council of State overturned the rejection decision in the compensation case filed for the death of 14-year-old Cihat Morgül, who was murdered during the curfew in Sur and was declared a "being member of a terrorist organization".

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	The judicial process continues regarding the death of 14-year-old senior secondary school student Cihat Morgül, who was murdered in February 2016, when the curfew declared in December 2015 in Sur district of Diyarbakır continued. Morgül's body could not be taken from the neighborhood where he was killed for a long time due to the ongoing clashes. The corpse was then laid to rest in Sur. The corpse, which was later removed from the burial place, was taken to the Antep Forensic Medicine morgue. After waiting there for a while, he was laid to rest this time in the Antep Municipality Cemetery, without waiting for the DNA matching results. After the DNA match, Morgül's body was brought to the Yeniköy Cemetery in Diyarbakır and laid to rest for the third time.

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	FILE IS AT THE CONTITUTIONAL COURT

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	In the investigation launched into Morgül's death, it was decided that "there is no place for prosecution". The decision made by the Diyarbakır Chief Public Prosecutor's Office was cited as the reason that Morgül "committed an armed attacks against the security forces"; however, no concrete evidence regarding the "armed attack" was included in the file. Objections to the "verdict of non-prosecution" were also rejected.

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	Lawyers of the Human Rights Association (İHD) Amed Branch, which 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 "being membership in a terrorist organization" or "participating in an armed attack". In the application, it was emphasized that an effective investigation was not carried out regarding the death, and the necessary investigation was requested.

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	THE COUNCIL OF STATE TOOK THE DECISION WITH UNANIMOUS VOTE

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	The Council of State took the decision unanimously and sent the file to the 3rd Administrative Case Chamber of the Antep Regional Administrative Court, where the case was held, for the establishment of a new decision.

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