The investigation about the disappearance in custody began at specially authorized prosecutor and after their "It's not an organized crime" decision, the case file was sent to Şişli Prosecution. Şişli said "It's an organized crime" and sent it back. Specially authorized prosecutor insisted that on their decision and sent the case file back to Şişli Prosecution.
University student Ayhan was taken into custody on October 6, 1992 when he was 25 and disappeared.
Former member of the special operations staff and convict of the Susurluk trial Ayhan Çarkın confessed that Ayhan was tortured to death on March 2011 and he buried his corpse.
There were no improvements at the investigation after this confession. The investigation file is in between the public prosecutors. There's a conflict about the existence of an organization.
Both Prosecutor Hakan Karaali and Sisli Public Prosecutor say the same sentence: "Deal with this investigation is not my job."
"Not a murder, a crime against humanity"
Oya Aslan, one of the lawyers of Efeoğlu family mentioned that their aim is making the case to be time-barred.
"The disappearances in custody should be investigated pursuant to Turkish Penal Code (TCK), Article 77 which states 'No limitation period shall apply to crimes against humanity.' "
Aslan said it was not possible to believe that Çarkın or any other police officer come together and commit a murder arbitrarily. Aslan stated that there were many disappearances in custody at that period and it was known that those murders were committed deliberately in a chain of command.
The investigation file is like a tennis ball
Special Public Prosecutor Karaali launched an investigation after the statements of Çarkın on March 23, 2011. The prosecutor included the former police chief, police officers like Sefik Kul, Baki Avci who died, some of them retired 13 police officers including Ahmet Sakarya. Çarkın had confessed before that they also murdered Hüsamettin Yaman and Soner Gül. The investigation files of Efeoğlu, Hüsamettin Yaman and Soner Gül were sent to Şişli Public Prosecutor Office a day later with the decision of lack of jurisdiction.
Public Prosecutor Ayhan Bedirhan underlined that it was the act of committing a crime within the scope of the Ergenekon and Susurluk terrorist organization. He sent the file to specially authorized prosecutor on February 2, 2012.
No "organization evidence" could be found!
Suspected police officers who gave statement to prosecutor Karaali on March 1, 2012 didn't accept the accusations.
Istanbul Anti-Terror Branch also reported to the prosecution office that "a concrete evidence couldn't be obtained showing that the suspects operated within the scope of Susurluk/Ergenekon terrorist organizations". Prosecutor Karaali again gave the lack of jurisdiction decision indicating that "there were no obtained evidences that the murders committed by an organization" on 6 March.(AS)