Constitutional Court (AYM) issued a verdict of violation in the application of Mehmet Güneş, who was injured with a tear gas shell hitting his foot, due to the “lack of effective investigation on allegations of mistreatment.” However, the court abstained from issuing a verdict on the allegation of “violating the Law on Meetings and Demonstrations,” different from the verdicts previously issued. Member judge Engin Yıldırım objected to the lack of evaluation of the Constitutional Court on the right to meeting and demonstration, indicating that a verdict must have been issued regarding this right was violated as well.
42 police officers testified at the Prosecutor's Office as suspects following the criminal complaint of Güneş on the matter. The Prosecutor issued a verdict of non-prosecution due to the lack of identification of the police officer shooting the tear gas bomb; the objection made by lawyer Gülizar Tuncer against the verdict of non-prosecution issued without the examination of CCTV recordings and without the evaluation of witness statements was denied by Istanbul 10th Criminal Judicature of Peace. The Constitutional Court indicated that the Prosecutor’s Office’s verdict without the examination of CCTV recordings, without asking media institutions whether there are visuals on the event or without listening to witness statements revealed a lack of effective investigation; not finding it necessary to hold an additional examination at this stage on the right to meeting and demonstration.
28.01.2019
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