Cemil Kırbayır had been detained one day after the military coup on September 12, 1980 in Okçu village of Ardahan. Kırbayır has disappeared under detainment. The warrant of investigation issued in 2014 for his disappearance was reversed. The Court of Cassation reversed the investigation warrant issued by Ardahan Assize Court and closed the file due to the fulfillment of the time limitation. The Court of Cassation claimed that the Constitutional amendment made in 2004 on public officers not being bound to time limitation in charges of homicide as well as the revocation of the interim Article 15 of the Turkish Constitution that allowed immunity for the crimes committed during the September 12 period did not pose an obstacle against the time limitation on the file. Thus, the 41-year search for justice was concluded with impunity, and the promise made by Erdoğan during the time of his Prime Ministry to Kırbayır’s mother, Berfo Kırbayır, was not fulfilled.
10.05.2021
bianet.org