31 May 2016 HRFT Daily Human Rights Report

31 May 2016 Daily Human Rights Report

(05/173) Massacre Attempt in Şırnak…

Yılmaz Encü (20) who was wounded when border trader villagers were bombed on 29 May 2016 nearby Roboski village of Uludere district in Şırnak died on 31 May 2016 in the hospital. The number of casualties during the attack reached 2 persons.

(05/174) Operations and Attacks in he Southeast…

3 gendarmerie soldiers were wounded when a trapped bomb exploded on 30 May 2016 in Nusaybin district of Mardin where operations were ongoing.

2 police officers were killed and 1 police officer was wounded when a bomb exploded on 30 May 2016 during the passage of an armoured vehicle in Hacıbekir quarter of İpekyolu district in Van.

1 soldier was reportedly killed on 29 May 2016 in Pervari district of Siirt. 2 militants were also killed during an armed clash that broke out after the attack against Doğan military Base.

Hüsnü Bayar (30) who was killed during the clashes in Şırnak and whose body was kept in Şırnak State Hospital was buried on 30 May 2016 after being identified following the DNA tests.

The civilians Halime Birlik (4), İsa Torlak (68), Ekrem Birlik (52), Davut Yoksul were killed 19 persons including 5 police officers were wounded when a bomb exploded on 30 May 2016 during the passage of an armoured vehicle in Silopi district of Şırnak.

(05/175) Dilek Doğan Case…

Çağlayan (İstanbul) Heavy Penal Court No 12 continued on 30 May 2016 to hear the case the police officer Yüksel Moğultay launched on charges of “intentional killing by negligent conduct” for killing Dilek Doğan during a house raid. The indictment wants the defendant to be sentenced to a term of imprisonment up to 26 years and 6 months.

19 persons were detained before the hearing. The court adjourned the hearing to 12 June 2016 to decide on the Doğan family’s lawyers’ demand for recusation.

Dilek Doğan (25) who was shot during a house raid on 18 October 2015 in Sarıyer district of İstanbul conducted in connection with a “DHKP-C (Revolutionary People’s Liberation Party – Front) Investigation” died on 25 October 2015. She was heavily wounded when the police opened fire in the house. Dilek Doğan’s family declared that the police opened fire when they had a dispute for wearing overshoes to enter the house.

On 20 December 2015, lawyers of Doğan Family revealed the footages of Dilek Doğan’s killing. According to the recordings, chief police officer Yüksel Moğultay killed Dilek Doğan after having a dispute for not wearing overshoes to enter the house.

(05/176) Impunity in Murat Yavuzer Case…

According to the news appeared in the press on 31 May 2016, Diyarbakır Penal Court of First Instance No 7 closed the case of Murat Yavuzer relying on 8 years’ statutes of limitation.

Murat Yavuzer had been detained in Diyarbakir on the grounds that he was a purse-snatcher and he was found death in a cell on 1 June 2005. Authorities claimed that Yavuzer committed suicide by hanging himself to the bars of his cell with his trouser. Diyarbakir Penal Court of First Instance No. 7 acquitted police officers N.C., A.S.D., C.D. and S.U. who have been tried in connection with the death of Murat Yavuzer (28) in detention on charges of “misconduct in office”. There were evidences of torture in Yavuzer’s autopsy report and the bars in the cell were so low that it is impossible to commit suicide by hanging oneself to that bars. The cameras in the lockup were not working on the day of the incident and the records of the cameras could not be found. 5th Penal Chamber at the Court of Cassation quashed the verdict of the Diyarbakır Penal Court of First Instance No 7 for retrial.

(05/177) Tevfik Caner Ertay Case…

Tevfik Caner Ertay, member of People’s Houses in Eskişehir, was detained on 2 June 2014 during Gezi Park demonstrations in Eskişehir. He was taken to a car park; his arm and leg were broken under torture. He was also put in the trunk of a police vehicle and kept there for hours.

According to the news appeared in the press on 28 May 2016, Ministry of Interior Affairs sent its defence in the compensation launched by Tevfik Caner at Eskişehir Administrative Cout No 2. The ministry alleged that Tevfik Caner Ertay voluntarily and actively took part in an unauthorised demonstration which was beyond democratic meeting along with members of illegal organisations. The ministry also defended that the damages were result of the actions, attitudes and expressions of Tevfik Caner Ertay which interrupts the causal relation between the responsibility of the ministry and the damages.

A penal court case was also launched at Eskişehir Penal Court of First Instance No 4 against the police officers Adem Arslan, Ahmet Kızıl and İzzet Erkan. The indictment wants Adem Arslan and Ahmet Kızıl to be sentenced to at least 8 years of imprisonment, İzzet Erkan to at least 4 years of imprisonment for intentional wounding. The court decided not to be responsible with the case on the grounds that the offence was torture not wounding and sent the files of the case to Eskişehir Heavy Penal Court. Heavy Penal Court on duty dealt with the case on 22 February 2016 and sent the files of the case to Eskişehir Penal Court of First Instance No 4 on the ground of not to being responsible with the case.

(05/178) Police Officers on Trial in Antalya…

Antalya Heavy Penal Court No 2 continued on 30 May 2016 to hear the case against 6 police officers launched for beating Mustafa Düştegör with sticks and truncheons during Gezi park demonstration in Antalya on 3 June 2013.

After the testimonies of the police officers, the court adjourned the hearing to 20 October 2016 to wait for the expert’s report.

The investigation started upon official complaint by the lawyers of Mustafa Düştegör dating 20 November 2014 on the allegations of torture was concluded earlier September.

Public Prosecutor in Antalya demanded the police officer A.O.P. to be sentenced to a term of imprisonment up to 3 years for “wounding by exceeding the right to use force” relying on the video recordings of the incident. Public Prosecutor also asked commanding chief A.S. and police officers B.Ş., B.S., S.S. and H.Y. to be sentenced to a term of imprisonment up to 6 months for not intervening in the incident.

According to the news appeared on the press on 15 September 2014, Antalya Penal Court of First Instance No 11 accepted the objection of the lawyers stressing that the committed crime should regarded as torture not wounding. The court decided not to be responsible with the case and send the files to Heavy Penal Court. Upon decision of the Penal Court of First Instance, Public Prosecutor demanded the police officer A.O.P. to be sentenced to a term of imprisonment up to 18 years for “torture”.

(05/179) Death in Prison…

Erkan Aydoğan incarcerated in Aliağa (İzmir) Open Prison reportedly had heart attack in the prison. The prison administration did not hospitalise him and he died on 30 May 2016.

(05/180) Freedom of Expression…

Çağlayan (İstanbul) Penal Court of First Instance No 29 continued on 31 May 2016 to hear the case against Merve Büyüksaraç launched for the expressions she used on her instagram account targeting Recep Tayyip Erdoğan when he was Prime Minister.

The court sentenced the defendant to 1 year 2 months and 17 days’ imprisonment under the Article 125 TPC for “insulting a public officer”.

(05/181) Detentions and Arrests…

Ahmet Bayri, Vedat Morkoyun, Mehmet Bulut, Necati Korkankorkmaz, Ensari Bor, Cihan Berdibek and Hasan Kaya who were detained during house raids in Bingöl were arrested on 30 May 2016 on the allegations of “being member of an illegal organisation”.

Şeyhmus Aydın who was among 11 persons detained in Bismil district of Diyarbakır was arrested on 30 May 2016 on the allegations of “being member of an illegal organisation”.

The police conducted operations on 30 May and 31 May 2016 throughout Turkey and detained Abdulbaki Kayan in Derik district of Mardin, Abdulselam Akdemir in Adana, 5 persons including Democratic Regions Party (DBP) Co-Chair for the province Gülseven Yıldız in Tunceli; 8 persons including DBP Co-Chair for the province Mehmet Nazif Koç in Elazığ; Peoples’ Democratic Party (HDP) Co-Chair for the province Beşir Belke and Selahattin Karatoprak in Edirne, Derya Yılmaz n Hakkari, and Abbas Atsak in Çaldıran district of Van.

Fatma Elçi, Aydın Sansak, Ali Kumak who were detained during the operations conducted in Nur quarter of Cizre district in Şırnak were arrested on 30 May 2016 on the allegations of “being member of an illegal organisation”.

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