ECHR Convicts Turkey on “Operation Back to Life”

The European Court of Human Rights issued a verdict on Leyla Alp and others vs Turkey this morning, a case brought to ECHR by 20 women who were subjected to “Operation Back to Life” in Çanakkale Prison. 

The court found Turkey guilty of violating the right to life and inflicting torture, ordering the applicants to pay a sum of 36,200 euros. 

Between 19 and 22 December 2000 the security forces intervened in around 20 prisons. Violent clashes occurred during the operation, known as "Back to life". The incident left 4 inmates and 1 gendarmerie soldier dead. 

Inmates Sultan Sarı, Fahri Sarı, Fidan Kalsen and İlker Babacan died of gendarmerie shooting, gas bombs and fire. The deceased gendarmerie soldier was identified as Mustafa Mutlu. 

Statute of Limitations and Acquittal 

Following the operation, Çanakkale High Criminal Court launched investigations in 154 inmates and 563 gendarmerie soldiers. While gendarmeries accused three inmates, inmates accused gendarmerie soldiers of “killing a soldier”, “forcing to suicide”, “carrying explosives” and “rebelling against prison authorities”. 

In 2008, statute of limitations was issued on inmates.

Gendarmeries, on the other hand, were acquitted for lack of evidence. 

On December 12, 2012, Supreme Court of Appeals 9^th Penal Chamber approved the acquittals.

“The verdict was issued not because it wasn’t obvious that defendants weren’t culpable. It was because it was legally available,” the verdict said.   

It also underlined that the operation was held to suppress a rebellion initiated by inmates. Inmates Leyla Alp, Gülay İncesu, Sakine Çakmak, Sakine Işık, Aysel Sürücü, Ayşe Cabadak, Meral Kıdır, Duriye Demir, Nazmiye Köle, Ünzile Karabük, Hülya Aydoğan, Meral Kaşoturacak, Birgül İbiş, Filiz Uyan, Fidan Yıldırım, Türkan İpek, Safiye Sel, Süreyya Bulut, Berna Ünsal and Elif Yaş applied to ECHR, saying that the gendarmerie used excessive force. 

In today’s verdict, the court found Turkey guilty of violating right to life and torture ban as well as lack of adequate investigation. 

While applicants Meral Kıdır will receive 8,000 euros, other applicants Leyla Alp,  Süreyya Bulut,  Elif Yaş, Filiz Uyan and Gülay İncesu will receive 5,000 euros each for non-pecuniary damages. 

Turkey will also pay applicants 3,200 euros for court expenses. 

Previously, ECHR convicted Turkey several times related to “Operation Back to Life”. (AS/BM)