Torture was Set Free

Daslik was detained on February 27, 2002 by police officers from the Diyarbakir Anti-Terrorism Unit of Police Headquarters, after her house was searched. Daslik was released pending the outcome of her trial after spending two days under detention.

Daslik, who was acquitted, submitted a complaint to the Diyarbakir Prosecutor's Office, saying police officers Ismail Icen and Mustafa Yucel of the anti-terrorism unit, tortured her during questioning.

The police officers stood trial under article 243 of the Turkish Penal Code for "torturing an individual to make him/her confess to a crime," and faced up to eight years in prison.

"No adequate evidence"

The prosecutors told the court that there was not enough evidence, apart from the claims of Daslik, to prove that the police officers indeed tortured her during her detention, and asked the court to acquit Icen and Yucel.

The defendants presented the court photographs and video recordings that showed Remziye Daslik attended protests after being released, as evidence. The court acquitted Icen and Yucel.

Defendant Ismail Icen stood another trial for torturing Gokhan Bicer, who was detained on September 2, 2002, and was acquitted in recent months.

Lawyer Sila Talay applied to the Supreme Court of Appeals and asked that the court decision to acquit the police officers is overturned.

"It's against laws"

Talay argued that the defendant police officers were trying to legitimize torture during their defense. Talay said the following in her appeal:

"The court's ruling is against laws and international conventions signed by Turkey. Fighting torture is only possible through determined, judicial, administrative and legal regulations. Any other measure would be just for show, and would not have any effect on the essence of the problem.

Our laws, constitution, and all international conventions we have signed bans torture and dishonoring treatment. All these laws however, could not prevent torture for being used as a widespread and systematic questioning method in Turkey.

Legal amendments about torture are positive. But we need law enforcement officials to implement these laws and punish the torturers." (MO/BB/EA/YE)