Baby killed by tear gas cartridge, soldier given a fine 11 years later
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In the trial over the death of 18-month-old Mehmet Uytun, who was shot to death by a tear gas cartridge in Şırnak's Cizre, soldier Hakan A. was sentenced to 3 years in prison 11 years after the incident. His prison term has been turned into a judicial fine of 18,200 lira (~2,100 USD).
Mehmet Uytun was shot by a tear gas cartridge fired by a soldier while he was sleeping on his mother's lap at the balcony of their house in Turkey's Kurdish-majority southeastern province of Şırnak in 2009.
Put on trial over the death of the child, soldier Hakan A. has been penalized on charge of "reckless killing."
As reported by Mezopotamya Agency (MA), as the Cizre Governor's Office did not give permission for investigation against the defendant soldier, the court case could be filed 11 years after the incident.
As the permission was not granted, an appeal was lodged at the Diyarbakır Administrative Court on August 31, 2021. With the rejection of the Administrative Court, the Cizre Chief Public Prosecutor's Office gave a decision of non-prosecution for the investigation on January 14, 2013.
Lawyers made an individual application to the Constitutional Court on the grounds of the failure to carry out an effective investigation. The top court gave a ruling of rights violation on December 15, 2016.
However, when the Cizre Chief Public Prosecutor's Office asked for the Cizre Governor's Office's permission for investigation in line with this Constitutional Court ruling, the Governor's Office argued that "there was not sufficient evidence about the soldier" and once again refused to give a permission to launch an investigation against the soldier over the incident.
In response, lawyers applied to the Gaziantep Regional Court of Justice on July 19, 2019 and the Cizre Chief Public Prosecutor's Office applied on July 25, 2019. The court of appeals ruled on December 3, 2019 that the permission for investigation should be given.
Lawyers have lodged an appeal
As the Cizre 1st Penal Court of First Instance gave a judicial fine to the soldier in the ensuing trial, Human Rights Association (İHD) Diyarbakır Chair Abdullah Zeytun and lawyer Ercan Yılmaz have lodged an appeal by applying to the Diyarbakır Regional Court of Justice.
The petition has indicated that turning the soldier's prison sentence into a judicial fine is against the law. Referring to the technicalities of the weapon used by the defendant, the petition has recalled that it was a laser weapon, which is used to shoot by choosing a target.
"Therefore, the classification of the offense may change," the petition has noted, requesting that "a ruling of lack of jurisdiction be given and the trial continue at a heavy penal court as the action of the defendant was aimed at wilful killing or, if not, killing with eventual intent." (AÖ/SD)