Time Limit for Prosecution Exceeded in September 12 Coup Torture Investigation in Mamak Prison

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Ankara Chief Public Prosecutor’s Office has passed a verdict in the investigation launched upon a criminal complaint filed by those who were exposed to torture in the then-Political Crimes Department of Ankara Security Directorate and Mamak Military Prison.  

A verdict of non-prosecution was passed in the investigation launched upon criminal complaint of 129 individuals into the suspected police members and soldiers of that time. The case was closed  due to expiration of statute of limitation.

The criminal complaints were filed in 2011 and 2012. Director of Mamak Military Prison Colonel Raci Tetik, former Ankara Security Directors Cevdet Saral, Ali Akan and Ülkü Met, as well as many others who were on duty in Ankara Security Directorate and Mamak Military Prison at that time were among the suspects.

“Willful murder, torture, maltreatment”

The investigation was launched on charge of the crimes of willful murder, torture and maltreatment.

The crimes were committed between the years of 1980-1984 according to the verdict.

According to the state-run Anadolu Agency, the decision provided that the issue of statute of limitation should first be discussed as more than 30 years had passed since the crime.

The decision was based on the following provisions in the Article 38 of the Constitution;

“Nobody can be punished for an action which is not considered a crime according to the law in effect as the action was committed; nobody can receive a greater punishment than required by the law in effect as the action was committed”.

Verdict: 30-year statutes of limitation exceeded

The verdict on the one hand states that the Turkish Criminal Code (TCK) No. 765 had been in effect at the time of the crime. According to the applicable law, the extraordinary time limit for prosecution of crimes under this law is 30 years.

On the other hand, it has also been reported that the time limit for prosecution as stated in the current criminal act still in effect (TCK No 5.237) was not expired yet and that this case, the provisions of the law No. 765, which were in favor of the suspects, should apply. (AS/DG)