Warden Sentenced to Life For “Neglecting Torture”

Turkey’s Supreme Court of Appeals 8th Penal Chamber announced its verdict on Engin Çeber case. 

The court approved the life sentences for guardians Selahattin Apaydın and Sami Ergazi as well as former prison warden Fuat Karaosmanoğlu.

"Warden Karaosmanoğlu did not participate in the torture sessions. He was merely the superior of those who tortured [Çeber] and failed to stop them when he could. He consequently received a life-time sentence. This verdict has gone quite far, and if authorities follow through with it, then a security office director, for instance, can also receive as hefty a sentence as the police officer who commits the actual torture. This represents a significant step in preventing torture," Tanay said on October 1. 

The Supreme Court of Appeals ruled that those who neglect torture or decline to stop are also liable. 

Supreme Court approved other life sentences

In 2012, Nihat Kızılkaya has been released considering his prison term after being convicted to 2.5 years of prison. Police officers Mehmet Pek and Abdülmuttalip Bozyel were also convicted of torture and ordered to serve 2.5 years of prison multiplied to three. The aforementioned sentences were approved by the supreme court as well.

Previously, police officer Aliye Uçak received 5 months of prison for “excessive force”, a sentence that was suspended. The supreme court also overthrew this verdict, saying that it was “an intended assault”.

What happened? 

Officials took Çeber under custody on Sept. 28, 2008 on the grounds that he had participated in a press meeting and distributed the Yürüyüş magazine. He was tortured incessantly until Oct. 7, 2008 in both the İstinye Şehit Muhsin Bodur Police Department and the Metris Prison.

He passed away at the Şişli Etfal Hospital on Oct. 10, 2008, while expert reports also confirmed that torture was the cause of his death.

A suit was subsequently filed at the Bakırköy 14th High Criminal Court against a total of 60 suspects, including 39 prison guards, three wardens, 13 police officers, four troops and one doctor.

The first trial in the case concluded in June 2010 when the court found four of the officials guilty of causing death through torture, and handed down life sentences.

But in late 2011, Turkey’s Supreme Court of Appeals used legal technicalities as a basis for overturning the ruling and ordering a re-trial which began in February this year. 

On June 10, 2010, a court ruled to sentence prison guards Selahattin Apaydın and Sami Ergazi as well as deputy warden Fuat Karaosmanoğlu to life-time imprisonment for torturing journalist Engin Çeber to death. 

Other defendants were convicted of torture, planned assault and abuse of duty and sentenced to 7.5 years (Yavuz Uzun, Murat Çise, Abdulmuttalip Bozyel and Mehmet Pek 7.5 yıl) and 2.5 years (Aliye Uçak)  (torture, 

Prison doctor Yemliha Söylemez was sentenced to 3 years and 9 months of prison for providing fake documents. 

On September 28, 2011, Supreme Court of Appeals 8th Penal Chamber overthrew the verdict. 

The first hearing was set to February 20, 2012. 

On October 1, 2012, Istanbul 14th High Criminal Court reached a new verdict in the case (AS/BM)

* Click here to read the original article in Turkish.