Click to read the article in Turkish
The Constitutional Court has announced its ruling on the individual application of teacher Melih Dalbudak, who was injured on the head with a tear gas cartridge during Gezi resistance in 2013.
The Court has concluded that his right to life guaranteed by the Article 17 of the Constitution has been violated both on procedural and material grounds. Dalbudak will be paid 10,000 lira in non-pecuniary damages.
Referring to the police officers who were not investigated at the time, the Constitutional Court has also ruled that the file of the case shall be referred back to the İstanbul Chief Public Prosecutor's Office and to the First Board of the İstanbul Regional Administrative Court so that the officers in question will be investigated/put on trial again.
The permission for investigation was not granted for the officers at the time on the grounds of "a lack of sufficient information and documents."
What happened?
While teacher Melih Dalbudak was on Çukurçeşme Street in Beyoğlu, İstanbul, leading to the İstiklal Avenue, at around 7 p.m. on September 10, 2013, he was injured on the head with a tear gas cartridge fired by one of the 10 riot police officers coming from Büyükparmakkapı Street. Dalbudak was treated for cerebral hemorrhage at the hospital
A report issued by the Forensic Medicine Institution on September 17, 2014 also documented that Melih Dalbudak was wounded on the head during the incident and had a cerebral hemorrhage.
After his treatment ended, Dalbudak applied to the Directorate General of Security and to the Ministry of Interior, requesting compensation for his material and immaterial damages.
As the Ministry rejected his request, Dalbudak filed a lawsuit.
Court: A natural consequence of a state of law
Giving his ruling on June 1, 2016, Refik Celep, the Presiding Judge of the İstanbul 6th Administrative Court, concluded that Dalbudak incurred immaterial damages, ruling that he should be paid 10,000 lira in damages.
The attorneys of the Directorate General of Security and the Ministry of Interior previously argued that "there were no documents or information suggesting that the incident that caused the damage resulted from an action undertaken by the administration."
In his ruling, Judge Celep noted that "the administration's compensation of any damages incurred by people during the fulfilment of a public service is stipulated by the Article 125 of the Constitution and it is a natural consequence of the fact that the Republic of Turkey is a state of law."
'It has to protect people's safety of life'
It was in following words that the court board explained why Dalbudak's request for damages were accepted:
"In principle, the administration is obligated to compensate the damages that stand in a relation of causality with the public service wihich it undertakes and the damages caused by administrative acts or actions shall be compensated within the frame of administrative law as required by the principles of neglect of duty.
"If a public service is carried out deficiently or improperly or if it cannot be associated with the requirements of the service, it needs to be admitted that the administration offers the service wrongfully.
"Assigned with protecting the safety of life and property of people, the administration is obliged to fulfill the requirements of the public service it has and take the necessary precautions to prevent certain incidents."
Officers identified, but not put on trial
Dalbudak also filed a criminal complaint against the police officers who fired the tear gas cartridge that causes his injury.
Though it was identified that police officers F.D. and E.D. from the Riot Police Department used the ZET gun that fired the gas cartridge, the İstanbul Governor's Office did not give permission for the trial of the officers.
In a decision dated February 16, 2016, the Governor's Office indicated that the permission was not given for the officers' investigation.
The First Board of the İstanbul Regional Administrative Court examined the objection of Dalbudak and rejected the request on June 29, 2016.
In its justification for the rejection, the court argued that "there were no sufficient documents of information to open an investigation and the decision of the Governor's Office complied with the procedure and the law."
With this rejection, the First Board of the İstanbul Regional Administrative Court did not consider the verdict of İstanbul 6th Administrative Court, which concluded that the police officers committed a neglect of duty with their acts. Disregarding this verdict from 21 days ago, the court also prevented the officers from being put on trial. (AS/SD)
