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Seventeen people were detained for "opening fire at soldiers" in 1992 in Bismil district of the predominantly Kurdish-populated province of Diyarbakır. One of them was killed.
The soldier who was found guilty of torturing him to death was sentenced to aggravated life imprisonment, but the sentence was later reduced because of his "repentance."
The reduced sentence was dropped because the 25-year statute of limitations had expired. The case was closed with impunity.
After an application by the killed person's family, the Constitutional Court ruled that his right to life and the prohibition of ill-treatment had been violated on both material and procedural grounds.
The family will be paid 500,000 Turkish lira (57,100 USD) in compensation, according to the justified ruling published in the Official Gazette today (September 23).
"Absolute impunity"
In the justified ruling, the top court stated that the defendant "benefited from the statute of limitations, which led to absolute impunity" because of the case not being concluded for 25 years.
"Judicial authorities that took part in the trial process were not sensitive as they should have been in the conduct of the trial with reasonable care and speed," the court stated.
What happened?
Security forces detained 17 people in Ağıllı village in Bismil, Diyarbakır, after clashes with the outlawed Kurdistan Workers' Party (PKK) members on April 19, 1992. They said fire was opened from the village.
The detainees were taken to the Bismil Gendarmerie Station. At that night, commando units of the Silvan Gendarmerie Command and the Hazro Gendarmerie Command were at the gendarmerie station as guests.
"Appendicitis"
At around 2 a.m., the detainees were taken to the Tepe Gendarmerie Station. according to the minutes recorded by soldiers, detainee A.K. was taken to Bismil State Hospital at around 6.30 a.m. because of "having appendicitis" and lost lis life on the same day.
The Bismil Chief Public Prosecutor's Office opened an investigation into the death. The forensic medicine report included findings of torture.
A criminal case was filed against 15 soldiers at the Diyarbakır 3rd Heavy Penal Court.
In their testimonies, soldiers said A.K. was tortured with batons in the bathroom of the custody suit by the soldiers in the team of sub-lieutenant O.U., nicknamed "Rambo."
Witnesses who were kept in the same detention room as A.K. also stated that A.K.. told them that he was tortured.
Verdict after 18 years
Eighteen years after the incident, on October 26, 2010, the court sentenced soldier S.Ü. to aggravated life sentence for "killing with monstrous feelings or torment." The other defendants were acquitted.
Sentence reduction
The ruling was overturned. As a result of the retrials, S.Ü. was sentenced to 20 years and 16 years and 8 months by different verdicts. His "repentance" was taken into account in the judgments.
The Court of Cassation ruled that the case should be dropped after the expiration of the statute of limitations. (AS/VK)
