1 July 2015 HRFT Daily Human Rights Report

1 July 2015 Daily Human Rights Report

(07/001) Çayan Birben Case…

Yalova Heavy Penal Court continued on 1 July 2015 to hear the case against police officers İbrahim Baltacı, Ercüment Küçükakça, Serhat Ayhan Yeni and Tekin Ceyhan launched in connection with the death of Çayan Birben.

On 27 May 2012, the police used tear gas to break up a fight in Abdullah Baştürk Park in Yalova. Çayan Birben who was suffering from asthma was hospitalised due to use of tear gas and died on 30 May 2012 in the hospital.

After the testimonies of the eyewitnesses, the court decided to send the hard disk of the security camera of internet café where Çayan Birben was found fainted to Gendarmerie Criminal Laboratory in Ankara for examination.

The court also decided to ask İstanbul Forensic Institute whether standard pepper gas sprays are harmful to health, have lethal effect, and may cause death if the person has previous illness. Forensic Institute issued a medical report on 12 February 2013 certifying that the use of tear gas might have caused the death of Çayan Birben.

The court also rejected the arrest demand for the defendants and adjourned the hearing to a later date.

The case against the officers was launched at Yalova Heavy Penal Court and the Court decided not to be responsible with case and sent the file to Heavy Penal Court of First Instance. But Heavy Penal Court of First Instance sent the file back to the Heavy Penal Court. Yalova Heavy Penal Court insisted on not to be responsible with case and 5th Penal Chamber at the Court of Cassation ruled that Yalova Heavy Penal Court is responsible with case.

(07/002) Muammer Öz Case…

Kadıköy (İstanbul) Penal Court of First Instance No 5 concluded on 25 December 2009 to hear the case against 2 police officers launched for beating Lawyer Muammer Öz in the park and then in the police vehicle with his hands had been cuffed in front of his family on the grounds that he “did not show his identity card” in Moda Quarter of Kadıköy District of İstanbul Province on 29 July 2007. The court sentenced the defendants to 23 months and 15 days of imprisonment each in connection with on charges of “intentionally wounding” and “insulting” under Articles 86, 87 and 125 of TPC. The sentences were postponed on the grounds that they are under 24 months.

According to the news appeared in the press on 1 July 2015, 3rd Penal Chamber at the Court of Cassation quashed the verdict. Upon decision of the Court of Cassation, Anadolu (İstanbul) Penal Court of First Instance No 21 started to hear the retrial of the police officers. The medical report prepared by the Forensic Institute was presented to the court. The medical report of Muammer Öz reportedly certified that the victim was subjected to torture according to the classification of World Health Organisation.

(07/003) Journalist Convicted on the allegations of Insulting State President…

Anadolu (İstanbul) Penal Court of First Instance No 2 concluded on 30 June 2015 to hear the case against remanded journalist Mehmet Baransu launched in connection with the twits he shared criticising the State President Recep Tayyip Erdoğan.

The court sentenced the defendant to 10 months’ imprisonment under the Article 299 TPC for “insulting the State President”.

(07/004) Journalist Detained in Kilis…

İlhan Çulha, correspondent with the daily Zaman, was detained when he was following the dispatching military troops on the Syrian border on 30 June 2015 in Kilis province.

(07/005) House Raid in İstanbul…

The police conducted house raid on 30 June 2015 in Küçükçekmece district of İstanbul and detained İrfan Bilgiç, journalist with the journal Demokratik Modernite Dergisi. The reason of the operation was not disclosed.

(07/006) Detentions and Arrests…

4 members of New Democratic Youth (YDG) who were detained in Cizre district of Şırnak were arrested on 30 June 2015 on the allegations of “being member of TİKKO (Liberation Army of the Workers and Peasants of Turkey)”.