Constitutional Court: Verdict of Non-Prosecution on Sexual Abuse Allegation Violated Rights

*We don't stay silent against child abuse - Women Assemblies

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The Constitutional Court has ruled that a court violated the prohibition of mistreatment by its decision of non-prosecution in a case against a suspect of child abuse.

A 17-year-old girl stated in a divorce case that she was abused by her aunt's husband when she was 14 years old. The court filed a criminal complaint against the man after the girl's statement.

The prosecutor's office issued a decision of non-prosecution on the grounds that there was not sufficient and certain evidence.

After an appeal against this decision was rejected by a Penal Court of Peace, the girl made an individual application at the Constitutional Court.

The top court ruled that the Penal Court of Peace violated the prohibition of mistreatment and a reinvestigation shall be launched.

The decision said that the court did not collect evidence that would have an "impact on the result," other than receiving statements by the girl's aunt and mother.

It was also noted that a verbal statement was not taken by the suspect as he sent a written statement to the court through his lawyer.

The decision stressed that there was no adequate investigation to collect evidence of alleged violations of sexual immunity. (EMK/VK)