Vartinis Massacre case | There is an arrest warrant, but not yet an arrest

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Facing an arrest warrant as part of the trial over the Vartinis Massacre, Bülent Karaoğlu, the then Hasköy Gendarmerie Commander and the only defendant of the case, has not been arrested for a week now.

CLICK - First arrest warrant in the Vartinis Massacre case

Nine people, including seven children, were burned to death in Vartinis (Altınova) town in Turkey's Kurdish-majority eastern province of Muş in 1993, which has come to be known as the Vartinis Massacre.

In the retrial over the Vartinis Massacre, the Kırıkkale 1st Heavy Penal Court has ruled that Bülent Karaoğlu, the then Hasköy Gendarmerie Commander and the only defendant of the case, shall be arrested. However, the arrest warrant has not yet been executed.

The next hearing will be held on November 4, 2021.

'Not reasonable to reduce it to a single person'

Kadir Karaçelik, the Chair of the Muş Bar Association and the lawyer of the Öğüt family, has spoken to Mezopotamya Agency (MA) about the issue and said that the defendant should be caught as soon as possible with an effective search. Noting that "the perpetrators have been protected throughout the 28-year struggle for justice", he has briefly said:

"No effective investigation was carried out into this incident and the incident was extended over the years. We insistently said that a policy of impunity was being pursued. As required by the policy of impunity, the perpetrators of this massacre were protected for 20 years.

"But at the current stage, we were insistent on our struggle for justice. Our struggle for justice will not lose ground, but proceed further."

At the previous hearing a week ago, the lawyer of the defendant said, "There is an atrocity but my client is not the only one responsible." Referring to these remarks, lawyer Karaçelik has indicated:

"The statement of the lawyer is not binding for the defendant, but that the lawyer uttered such a sentence shows that there is not only the defendant in the incident and it was not an incident that could possibly happen solely upon the order of the lawyer's client. This is very important.

"Because this is an operation joined by 4-5 military units and there are more than one commander on duty in those units. Therefore, it is not reasonable to reduce this to the commander of a single unit."

What happened?

The Chief Public Prosecutor's Office of the Court of Cassation indicated that there was no effective investigation or prosecution and demanded that a retrial be held in the Vartinis massacre case.

CLICK - State Officials Charged with Burning 9 People Acquitted

On October 2, 1993, nine people living in Vartinis village of Korkut district in Turkey's eastern province of Muş were burned to death in their house. The youngest of them was 14 years old:

Mehmet Nasir Öğüt, Eşref Oran, Sevda Öğüt, Sevim Öğüt, Mehmet Şakir Öğüt, Mehmet Şirin Öğüt, Aycan Öğüt, Cihan Öğüt and Cinal Öğüt.

At the final hearing of the case at the Kırıkkale Heavy Penal Court on March 1, 2016, all defendants were acquitted due to "lack of evidence."

CLICK - 'I've been Waiting for This Day for 23 Years'

'People prevented from putting out the fire'

The 1st Penal Chamber of the Court of Cassation has upheld the acquittal of all defendants, except for that of District Gendarmerie Commander Bülent Karaoğlu. The Chamber has concluded that Karaoğlu was responsible for the incident and overturned the acquittal.

The ruling of the Penal Chamber has indicated that while Karaoğlu was passing through Vartinis, he addressed the villagers and said, "We will come tonight and burn down your village."

The ruling also said that "at the night of October 3, at around 3 a.m., hundreds of soldiers came to the town as part of the operation and the haylofts, haystacks, barns, animals and several houses as well as the house of Nasır Öğüt were set on fire during the operation."

Noting that the ones who were at home at the moment of the incident were burned to death in the ensuing fire, the 1st Penal Chamber of the Court of Cassation said, "It is understood that the townspeople who wanted to intervene to put out the fire were not allowed by soldiers."

The ruling of the 1st Penal Chamber of the Court of Cassation has briefly explained Karaoğlu's responsibility in the massacre as follows:

"It is understood that the defendant, who was on duty as the Hasköy District Gendarmerie Company Commander, participated in the operation, as indicated in the witness statements; it is unimaginable that he would not participate in such an operation within his jurisdiction, considering that he was the District Gendarmerie Commander; given that the defendant was the most senior officer in the operation and given his remarks after the non-commissioned officer was martyred, it is understood that the fire occurred upon his order and instruction..."

Rhe 1st Penal Chamber of the Court of Cassation has concluded that the acquittal of the defendant is against the law as it was not considered necessary to hold him responsible and penalize him for the fire.

Karaoğlu will stand trial again on charge of "solicitation to aggravated murder." If the Kırıkkale Heavy Penal Court does not defy the ruling of the Court of Cassation, the trial will be held again. (AS/SD)