14 Dead and No Trial Against Security Forces
Turkey's Human Rights Association (İHD) Diyarbakır branch chair Selahattin Demirtaş notes that not one trial has been launched into the tragic events.
"If there's no progress until mid year, we will apply to the European Court of Human Rights without waiting to exhaust national judiciary progress. Such a slow progressing investigation raises concerns about the establishment of a just trial", he adds.
In March 2006, the funerals of 14 pro-Kurdish PKK guerillas led to days of demonstrations and clashes. Special forces were employed at the events and their use of excess force towards demonstrators resulted in 14 dead -six of them children- in Batman, Kızıltepe and Diyarbakır.
More than 600 people were taken under custody and hundreds of torture allegations followed.
Demirtaş criticizes the oblivion of public prosecutors in dealing with the killings other allegations. "They hesitate to investigate the security forces' actions and depict those responsible". He reminds that the judiciary can function very fast when faced with allegations involving, for example pro-Kurdish Democratic Society Party (DTP) member Diyarbakır mayor Osman Baydemir.
As İHD, we've filed all complaints that reached us up to date and gave the files to prosecutors, Demirtaş said. There are more than 300 accusations of torture under custody.
Diyarbakır Bar Association General Secretary Serhat Eren says all allegations of torture has been filed with medical reports, photographs and other physical evidence. He's also puzzled with the lack of any cases regarding those allegations.
"Actions of security forces are tolerated by the administration and the judiciary. But we're determined to follow and insist on this matter".
Türkey's Foundation of Human Rights chair Yavuz Önen told bianet that government's "zero tolerance policy towards torture" didn't materialize. He gave the example of last year's events and said "torture exists anytime, anywhere, anyhow".
United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials clearly limits the occasions where security forces' use of firearms is legitimate.
Article 9 of the enactment is as follows: "Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life".(TK/EÜ)