No Lawsuit Against Officer Despite 'Service Fault' Verdict

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The case of Helin Hasret Şen, a 12-year-old girl who was shot dead by police officers in Turkey's southeastern province of Diyarbakır during a military operation, has been concluded.

On October 11, 2015, Şen was shot by the police three times in the head when she went out with her mother to buy bread. Şen's family sued the Ministry of Interior for damages.

The court has ruled that the Ministry committed a service fault and shall pay a 314 thousand TRY (~59,000 USD) compensation to the family.

Abdullah Zeytun, attorney of the Şen family, has told bianet that despite the three and a half year penal investigation, a lawsuit has not been filed against the police officers and that the confidentiality of the file is still continuing.

Zeytun has said that they appealed to the Prosecutor's Office for the confidentiality to be lifted. They will bring the case to the Constitutional Court had their appeal is rejected, he has added.

"The court confirmed that a civilian death took place"

Zeytun has said, "With the court's verdict, it has been confirmed that statements claiming there were no civilian deaths during curfews in 2015 and 2016 are not valid.

"The administrative court stated that the security measures taken during the uninterrupted curfew in Sur district, as seen in the Helin Şen case, are against the universal and humanitarian law."

"She went out with her mother to buy bread"

The court has ruled that the Ministry of Interior is 85 percent at fault while the family is 15 percent at fault. On the verdict, attorney Zeytun has said,

"Helin Şen was massacred when she went out with his mom to buy bread. There were no incidents on the day when this happened. Because we do not approve the court finding the family at fault, we will appeal against this part of the verdict."

What ruling did the court give?

Helin Şen was shot dead by the police when she went out with her mother to buy bread.

A penal investigation was launched into the incident. Şen family demanded compensation from the Ministry of Interior on the ground of "administrative service fault."

Şen family filed a lawsuit for material and immaterial compensation at Diyarbakır 3rd Administrative Court after the Ministry rejected their demand.

Court: There was not an incident on the streets

It has been stated in the verdict that "around the time when the incident happened, a vehicle which was coded 'Kobra 11' opened fire" and that "there were no incidents on the street around the time when Şen was shot."

The court has ruled that Helin Şen's mother and father are at fault for "not fulfilling their responsibilities of caring and overseeing the child", considering that letting her 12-year-old children go out despite the curfew. It has ruled that the family is 15 percent at fault while the administration is at 85 percent fault and that the family's compensation demand shall be accepted. (AS/VK)