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The Council of State has concluded that the Ministry of Interior was not culpable for the 2015 ISIS bombing in the capital city of Ankara, which claimed 109 lives and wounded more than 400 people.
The ruling was based on the information provided by the ministry and the Governor's Office of Ankara.
The decision showed that the Council of State was not impartial, the Attorneys Commission for the October 10 Ankara Massacre said in a written statement.
"The courts that do not examine the essence of the case, the Regional Court of Justice, which turns down objections without citing a reason and the Council of State, which openly declares its side with the decision, are the concrete examples of the politico judiciary," it said. "These decisions are void in the eyes of the peoples that are tried to be silenced with massacres."
The families of those who suffered injuries and lost their lives had filed claims for damages against the ministry, stating that it had to cover the material and immaterial losses. They had cited a report by the ministry's civil inspectors and two reports by the Turkish Medical Association (TTB).
The administrative courts ruled that the ministry and the governor's office should pay compensation to the families in accordance with the "social risk" principle. According to the social risk principle, the losses of those who suffered "terrorist attacks" for which the administrative authorities are not culpable are partly covered.
The Ankara Regional Court of Justice rejected the objections to these rulings without citing a reason. Then the cases were taken to the Council of State, which has so far ruled in every case that the administration was not at fault for the massacre.
For the losses of the families to be compensated, it was very important for the judiciary to determine the fault of the ministry, which was obvious, according to the attorneys.
"However, the fault of the state was ignored in the administrative trial, just as in the penal trial," the attorneys said.
"While the tangible findings included in the report of the civil inspectors were ignored in this ruling, the report prepared by the TTB as a result of a detailed examination and the reports prepared by attorneys were not even taken into account on the grounds that they could not be impartial.
"The Council of State, which does not find scientific reports impartial, accepted the data provided by the Ministry and the Governor's Office, which are a party to the case, without even having to make a comparison."
The Ankara Massacre
A suicide attack was launched against the Peace Rally in Ulus, Altındağ in the capital city of Ankara at around 10.04 a.m. on October 10, 2015. While 69 people lost their lives at the scene of the incident, a total of 103 people and two attackers lost their lives. After the bombs exploded, police officers used tear gas on the wounded and those who were trying to help them. As a result of this intervention, the wounded could not be referred to hospitals quickly and the survivors were also traumatized. The scene of the incident was not placed under protection and crime scene investigation teams and prosecutors did not come to the scene immediately. The teams arrived after about one and a half hours and deputy public prosecutor after two and a half hours. The indictment concerning the attack was approved on July 13, 2016. Accordingly, the order for the attack was given by Islamic State of Iraq and Syria's (ISIS) representative to Turkey, İlhami Balı. It was stated in the indictment that it was the same people who organized the Suruç bombing, which had killed 33 people. Fourteen suspects including Balı face from 5,083 to 7,820 years in prison on the charges of "attempted murder multiple times" and "attempting to annihilate constitutional order". The trial started on November 7, 2016. On August 3, 2018, the Ankara 4th Heavy Penal Court handed an aggravated life sentence for "violating the constitutional order" and 100 aggravated life sentences for "wilful murder" to nine defendants. They were also sentenced to 10,557 years in prison each for "attempted murder" (Abdulmubtalip Demir, Talha Güneş, Metin Akaltın, Yakup Şahin, Hakan Şahin, İbrahim Halil Alçay, Resul Demir, Hüseyin Tunç and Hacı Ali Durmaz). The trial of the fugitive defendants is continuing as their cases were separated. The families of the deceased hold a commemoration ceremony on the 10th day of every month in front of the Train Station. The peace rally participants who lost their lives in the massacre are: Abdülkadir Uyan, Metin Kürklü, Gökhan Akman, Orhan Işıktaş, Gülhan Karlı Elmascan, Yılmaz Elmascan, Nevzat Sayan, Bilgen Parlak, Hacı Kıvrak, Rıdvan Akgül, Rıdvan Akgül, Hacı Mehmet Şah Esin, Gökmen Dalmaç, Elif Kanlıoğlu, Hakan Dursun Akalın, Ercan Adsız, Ayşe Deniz, Berna Koç, Fatma Esen, Gülbahar Aydeniz, Eren Akın, Canberk Bakış, Tayfun Benol, Nizamettin Bağcı, Kasım Otur, Başak Sidar Çevik, Nilgün Çevik, Resul Yanar, Mehmet Ali Kılıç, Tekin Arslan, Sezen Vurmaz, Dilaver Karharman, Onur Tan, Umut Tan, Sarıgül Tüylü, Dilan Sarıkaya, Ali Kitapçı, İsmail Kızılçay, Muhammet Demir, Korkmaz Tedik, Veysel Atılgan, İbrahim Atılgan, Emine Ercan, Kübra Meltem Mollaoğlu, Meryem Bulut, Seyhan Yaylagül, Ebru Mavi, Ali Deniz Uzatmaz, Ziya Saygın, Vahdettin Özgan, Cemal Avşar, Ahmet Katurlu, Selim Örs, Azize Onat, Dicle Deli, Güney Doğan, Binali Korkmaz, Mehmet Zakir Karabulut, Leyla Çiçek, Metin Peşman, Mesut Mak, Adil Gür, Gökhan Gökbönü, Şebnem Yurtman, Osman Turan Bozacı, İdil Güneyi, Abdullah Erol, Mehmet Hayta, Özver Gökhan Arpaçay, Şirin Kılıçalp, Uygar Coşgun, Ahmed Alkhadi, Nurullah Erdoğan, Gözde Arslan, Aycan Kaya, Yunus Delice, Sevgi Öztekin, Mehmet Tevfik Dalgıç, Sevim Şinik, Emin Aydemir, Fatma Karabulut, Ramazan Tunç, Erol Ekici, Feyyat Deniz, Necla Duran, Osman Ervasa, Ramazan Çalışkan, Vedat Erkan, Abdülbari Şenci, Niyazi Büyüksütçü, Gazi Güray, Sabri Elmas, Erhan Avcı, Ümit Seylan, Serdar Ben, Nevzat Özbilgi, Hasan Baykara, Fatma Batur, Bedriye Batur, Ata Önder Atabay, Mustafa Budak, Ağa Bayar. |
(AS/VK)
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