We've talked with Assistant Professor Dr. Kerem Altıparmak from Ankara University, Faculty of Law as to Turkish Prime Minister Ahmet Davutoğlu's statement that there is a list of people who may commit suicide bombing yet they are unable to arrest them so long as they don't commit crime.
Altıparmak stating that arrestment is a measure taken after the crime is committed proceeds as follows:
"However, a person in preparation for suicide bombing doesn't obviously doesn't act on his/her own, he/she is a member of an organization. Then you gather intelligence, take legal action over organization membership, and judge pursuant to evidences."
ECHR's Mc Cann verdict
"Three IRA militants planning to stage bombing in Gibraltar were shot to death just before they detonated the bomb.
"Their families went to ECHR. Government of England says, 'They were about to blow up a bomb, we shot them to prevent it and protect other people's right to live.'
"And ECHR says, "The shooters cannot be held responsible but there is a responsibility in terms of the organization of the operation because you could have stopped these people without killing them as well. You violated their right to live by not doing that.
"There it is not the civilians who die but three people do who went there to detonate the bomb. ECHR held the British government accountable in terms of the organization of the operation.
"Not Being Able to Arrest Suicide Bomber Doesn't Justify Lack of Precaution"
Altıparmak drawing attention to the responsibility of the government with respect to the bomb attack that claimed 97 lives, states that not being able to make an arrest before the act doesn't justify lack of precaution.
Altıparmak expressing if there are people whom the state suspects, then they should be monitored said, "In this case, either the state was informed of other actors, but not this one, or it knew about it but didn't monitor."
"While arresting those issuing press statement..."
Altıparmak reminding of that people may be arrested for issuing a press statement according to Turkish Penal Code (TCK) 220 "Though not being a member of the organization, committing crime on behalf of it," proceeds as follows:
"A person in preparation for suicide bombing doesn't obviously act on his own, he/she is a member of an organization.
"hen you gather intelligence, take legal action over organization membership, and judge pursuant to evidences."
"No one can justify such a ridiculous thing"
"Let alone arresting, a claim must have been filed a long time ago for such people whom are thought to be suicide bombers. They wait till it explodes. Can there be such a ridiculous thing?
"Within the scenario Davutoğlu told, there is nothing preventing to take measures with respect to human rights law nor criminal law. They should have easily taken precautions. No one can justify just a ridiculous thing." (EKN/TK)
Click here to read the article in Turkish
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