* Photograph: Surveillance camera footage in the case file
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The Constitutional Court has announced its ruling on Doğukan Bilir, who was battered by police in Eskişehir during Gezi resistance in 2013.
Pronouncing its justified ruling today (July 9), the court has concluded that the prohibition of torment guaranteed by the Article 17/3 of the Constitution has been violated and ruled that Bilir shall be paid 25 thousand Turkish Lira (TRY) in non-pecuniary damages and court expenses.
The court has also ruled that the case of Bilir shall be heard again so that the consequences of the violation in question could be eliminated.
He was beaten on the same streets with Ali İsmail
Doğukan Bilir, who was a 23-year-old university student at the time, attended the protests organized in Eskişehir during Gezi resistance on June 2, 2013.
Explaining what he went through at the night of incident in his deposition, Bilir told what happened after he turned to a street on Yunus Emre Main Road in following words:
"At that moment, four-five people with sticks in their hands and two of whom were wearing gas masks attacked Bilir. When he turned to the other side of the street to get rid of them, he saw that another group was waiting there. He turned back with an instant reflex.
"Here, a masked police in civilian clothes and two people coming behind him injured Bilir. When Bilir fell to the ground, police officers hit him with bludgeons. When he escaped from there, too, he went to a quiet place between the buildings, he was beaten there again by seven-eight people.
"One of the police must have taken his identity. When the police allowed him to go, he turned towards the Asarcıklı Main Road, a masked person in civilian clothes battered him with a bludgeon, breaking one of his teeth. Falling to the ground, he hid between the cars there and called his father. His father took him to the Eskişahir Military Hospital."
Ali İsmail Korkmaz was also battered to death by civilians and police officers on the same streets in Eskişehir during Gezi resistance. Bilir was a witness at the court case filed into the death of Korkmaz.
Lawsuit against four people, their sentences deferred
Stating that he was seriously battered, Doğukan Bilir filed a criminal complaint against the responsible parties and an investigation was launched. This investigation was then combined with the other investigations launched upon complaints related with Gezi resistance in the city.
On January 28, 2014, the Eskişehir Provincial Police Disciplinary Council ruled that "the promotion of police officers Ş.G., S.B. and H.E. shall be halted for 16 months." A lawsuit was also filed against four people, three of whom were police officers, on charge of "wilful injury."
Announcing its verdict, the Eskişehir 9th Penal Court of First Instance ruled for the acquittal of defendant police officer H.E. due to lack of evidence. Officers S.B. and Ş.G. were sentenced to pay judiciary fines of 3 thousand TRY each; however, the announcement of the verdict was suspended. Defendant S.K., who was not a public official, was sentenced to pay a fine of 3 thousand TRY. The fines of all four defendants were reduced by one sixth.
Constitutional Court has approved the acquittal
After the final verdict was announced, Bilir appealed to the Constitutional Court, stating that the perpetrators committed the crime of torture.
Moreover, he claimed that no effective investigation was conducted into the incident since the camera footages were not collected during the investigation, no crime scene investigation was conducted and there were some neglects, especially in collecting evidence.
The Constitutional Court announced its justified ruling today and ruled that "the acquitted police officer did not violate the prohibition of torment."
The court has also concluded that the prohibition of torment guaranteed by the Article 17/3 of the Constitution has been violated and ruled that Bilir shall be paid 25 thousand TRYin non-pecuniary damages and court expenses.
The court has also ruled that the case of Bilir shall be heard again so that the consequences of the violation in question could be eliminated. (AS/SD)
