Protester beaten by police to be paid compensation, top court rules

"No to reactionary, racist education"

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The Constitutional Court has given a ruling of rights violation for Nuray Zencir, who was subjected to violence by the police during the "Secular, scientific and mother tongue education" demonstration in İzmir in 2015.

Concluding that the prohibition of "treatment incompatible with human dignity" was violated, the court has ruled that Zencir shall be paid 90,000 lira (~5,590 US dollars) in compensation.

Zencir had attended the demonstration organized by Alevi organizations and the Eğitim Sen teachers' union on İzmir's Basmane Square.

Police intervened in the demonstration before a statement was read out. They used pressurized water and tear gas. Zencir, who got wet and was affected by the gas, fled towards the İzmir Fair.

Waiting there, Zencir saw police defining people by battering them and protested the officers by clapping her hands.

Battered but not detained

At the same time, a police chief attempted to detain her. Then other officers came as well and began to hit her. Subjected to violence by the police, Zencir was released without being detained.

After her release, she went to the State Hospital and received a medical report showing that she had been battered.

"As far as I can remember, a police officer hit me in the head and in the eye in the demonstration area. I got dizzy and fell to the ground. Seven, eight police officers punched me in the back and hit me with batons. I am hurting all over," she told the doctor.

There was a 10-15 cm lesion on Zencir's back and a 7 cm bruise on his left cheekbone, according to the medical report.

Non-prosecution

Later, Zencir filed a complaint with the prosecutor's office. Giving a statement, police chief Ş.K. said, "There was a scuffle between the officers and people. Absolutely no people were hit. Maybe the people who did not want to let the plaintiff go did that."

The chief public prosecutor's office concluded that there was no need for prosecution. Examining an appeal, the court ruled that the prosecutor's office's decision was appropriate.

Then Zencir filed an individual application with the Constitutional Court.

"An effective investigation should be carried out"

Examining the case on February 2, the Constitutional Court stated, "The state has to carry out an effective official investigation that can ensure that those responsible for all kinds of physical and mental assault are identified and punished if necessary."

"Authorities should try to learn about events and facts seriously; they should not rely on quick and unfounded conclusions to either end the investigation or justify their decision," said the court.

Noting that there were no recordings or footage that Zencer had used violence or resisted the police, the top court said there was no situation requiring the use of force.

"When the concrete incident is evaluated as a whole, it is possible to characterize the act as treatment incompatible with human dignity," it concluded.

The court also ruled that there was no need to examine the allegation that the right to hold gatherings and demonstrations was violated.

However, member judge Engin Yıldırım cast an opposing vote, noting that the incident happened during a demonstration. "The law enforcement did not intervene in an ordinary judicial case. Therefore, it is quite possible and necessary to evaluate the right to hold gatherings and demonstrations."

The Constitutional Court ruled that a copy of the verdict should be sent to the local court for the case to be re-investigated in order to eliminate the consequences of the rights violation and Zencir should be paid 90,000 lira for immaterial damages. (HA/VK)