Non-prosecution for torture that continued for 9 days

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  • 12:00 4 February 2023
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BİNGÖL - The criminal complaint made by the lawyers of Sonuç Gürdeğir, who was tortured for 9 days during his detention in Bingöl, was dismissed after one and a half years, calling it "lack of evidence" and "abstract justification".
 
The criminal complaint about the torture of Gürdeğir, who was detained and arrested in the raid on the house where he stayed in Istanbul on August 24, 2021, resulted in non-prosecution. A year and a half later, a decision was made that there was "no basis for prosecution" regarding the criminal complaint made by lawyers on the same day regarding the torture Gürdeğir was subjected to at the Bingöl Provincial Police Department Anti-Terror Branch (TEM) and the Anti-Smuggling and Organized Crime Branch (KOM).
 
TRACES OF TORTURE FOUND ABSTRACT
 
That Gürdeğir, was left without a pillow, was tortured and ill-treated, was put on reverse handcuffs and was beaten by the personnel and had a black eye during his detention,
made the criminal complaintm to the Bingöl Chief Public Prosecutor's Office for "Torture", "Ill-treatment", "Failure to report the crime" and "Abuse of office" was found to be "abstract".
 
'HE HIT HIS HEAD ON THE VEHICLE'
 
Citing that Gürdeğir "resisted by resisting the police" the ill-treatment he was subjected to while he was detained, the prosecutor argued that the police used "gradual force" in his decision. Explaining that Gürdeğir had bruises on his head and face while he was being taken to Bingöl State Hospital on August 31, 2021, "He hit his head on the back of the vehicle armrest", the prosecutor based this on the police report, who was in a suspicious position.
 
'IMPOSSIBLE TO COLLECT EVIDENCE'
 
Stating that Gürdeğir is wanted in the orange category, the prosecutor's office tried to clarify the traces of torture with the authority to use force given by the Police and Duty and Authority Law No. 2559. Arguing that the scar marks on Gürdeğir's body may have been caused by this reason, the prosecutor's office noted that statements such as being left without a pillow, being injected face down and in handcuffs, and kicking his door to prevent him from sleeping were of an "abstract nature". The Prosecutor's Office also emphasized that it was impossible to collect the evidence due to the lack of camera recordings, and decided "There is no room for prosecution".
 
WILL BE MOVED TO AYM
 
Condemning the decision not to prosecute, the lawyers of Gürdeğir will apply to the Constitutional Court (AYM) for "no effective investigation".
 
MA / Ruken Polat