Court accepts the appeal regarding the suspicious death of detainee
The Kocaeli Peace Criminal Court accepted the appeal of the lawyers of Duygu Koral, who died under suspicious circumstances at the Kocaeli 1st High Security Closed Penitentiary Institution.
The court requested that the investigation be reopened.
Lawyers challenge ‘suicide' verdict in suspicious death in Kocaeli prison
Detainee Duygu Koral was staying in a single-person room. On March 20, 2023, shielded guards entered Duygu's room four times. During the count, the guards entered the room again with shields and found Duygu hanging in the bathroom.
In the investigation launched after Duygu Koral's suspicious death, the prosecution decided in December 2023 that "there is no need for prosecution."
In the reasoning of the decision, it was claimed that no evidence of intent or negligence by anyone in Koral's death could be obtained, and no suspicious circumstances were found in her death.
The lawyers of Duygu Koral's relatives, Eren Keskin, Jiyan Tosun, and Jiyan Kaya, appealed the decision of "no need for prosecution."
In their petition to the Kocaeli Peace Criminal Court, the lawyers stated that the decision was lacking in legal conscience and legal technique, considering the basic principles of law and international treaties.
The court, evaluating their appeal, stated in its decision on Monday, February 11th, that the investigation was incomplete and that the guards who entered Duygu's room at the time of her death were not questioned. The court requested that the investigation be reopened.
Nobody questioned in the capacity of a suspect
Lawyers Jiyan Tosun and Jiyan Kaya provided the following information to bianet:
The lawyers emphasized that investigations in these types of cases tend to be conducted in a manner that clears the institution rather than identifying suspects or conducting thorough investigations. They highlighted that in this case, not a single suspect was identified, and no one was questioned in the capacity of a suspect.
A suicide or a suspicious death?
The lawyers explained that in their appeal, they requested the prosecution to investigate whether this was indeed a suicide or a suspicious death. However, the prosecution closed the investigation, stating that the incident was determined to be a suicide.
The lawyers particularly emphasized the following point: "Most importantly, there is an important detail highlighted by the criminal judge of the court for continued investigation. About an hour before Duygu's death, guards entered the room wearing riot gear. They entered the room with shields resembling Robocop attire, and not a single guard's testimony was taken regarding that moment."
How old were the cuts in her body?
The lawyers summarized another issue left unaddressed by the prosecution's investigation as follows: "One issue we raised in our appeal petition was that Duygu had numerous cuts on her body. The prosecution refers to these as 'psychopathic cuts,' which are also considered cuts indicating self-harm.
There is no assessment of how old these cuts are. This is also stated in the Forensic Medicine report. How old are these cuts? Despite having so many cuts on her body or being at such a high risk of self-harm, how could someone not benefit from protection or psychosocial support?
This is also the responsibility of the state. Protecting individuals not only from external interventions but also from self-directed interventions, from things that could harm themselves, is a significant obligation of the state. We clearly see that this was violated in this case." (EMK/PE)