In the investigation on the case of M.B., who said that he was detained in 2014 as a result of a fight in Fatih district of Istanbul, that he was given electricity and was tortured at the police station, a verdict of non-prosecution was issued for the second time, despite a Constitutional Court (AYM) decree on the matter. After M.B.’s criminal complaint, the Prosecutor’s Office decided that there was no place for prosecution, and the high court ruled that “the ban on ill-treatment was violated” in the file that was transferred to the Constitutional Court, and decided that the Prosecutor’s Office did not collect sufficient evidence and should re-investigate the incident. In the reopened investigation against the 3 police officers, the Istanbul Chief Public Prosecutor’s Office Public Officer Crimes and Investigation Bureau once again decided that “no further evidence has been obtained” and that “there is no place for prosecution”. The Prosecutor’s Office cited the Police Duties and Powers Law as the basis for its decision.
Police officer M.A. came to the shop of tailor Osman Gökalp in Diyarbakır in 2018, beat the tailor and detained him after an argument with the tailor with the allegation that “his trousers were lost”. Regarding the incident, the Constitutional Court ruled that “the prohibition of torture and ill-treatment has been violated”. Emphasizing that the evidence regarding the incident was not collected based on a “comprehensive, objective and impartial” analysis in the investigation carried out against the police officers and that an effective investigation was not conducted, the Constitutional Court decided to reopen the investigation. The Diyarbakır Chief Public Prosecutor’s Office issued a decree of non-prosecution in the investigation opened against the police, and two separate lawsuits were filed against Gökalp on the grounds of “resisting the police” and “insult”, following the complaints of police officers.
02.03.2022
gazeteduvar.com.tr