Baby killed by tear gas cartridge, soldier given a fine 11 years later
An 18-month-old baby was shot to death by a tear gas cartridge while he was sleeping on his mother’s lap at the balcony of their house in Şırnak’s Cizre. The soldier was given 3 years in prison; his prison term has been turned into a judicial fine.
In the trial over the death of 18-month-old Mehmet Uytun, who was shot to death by a tear gas cartridge in Şırnak's Cizre, soldier Hakan A. was sentenced to 3 years in prison 11 years after the incident. His prison term has been turned into a judicial fine of 18,200 lira (~2,100 USD).
Mehmet Uytun was shot by a tear gas cartridge fired by a soldier while he was sleeping on his mother's lap at the balcony of their house in Turkey's Kurdish-majority southeastern province of Şırnak in 2009.
Put on trial over the death of the child, soldier Hakan A. has been penalized on charge of "reckless killing."
As reported by Mezopotamya Agency (MA), as the Cizre Governor's Office did not give permission for investigation against the defendant soldier, the court case could be filed 11 years after the incident.
As the permission was not granted, an appeal was lodged at the Diyarbakır Administrative Court on August 31, 2021. With the rejection of the Administrative Court, the Cizre Chief Public Prosecutor's Office gave a decision of non-prosecution for the investigation on January 14, 2013.
Lawyers made an individual application to the Constitutional Court on the grounds of the failure to carry out an effective investigation. The top court gave a ruling of rights violation on December 15, 2016.
However, when the Cizre Chief Public Prosecutor's Office asked for the Cizre Governor's Office's permission for investigation in line with this Constitutional Court ruling, the Governor's Office argued that "there was not sufficient evidence about the soldier" and once again refused to give a permission to launch an investigation against the soldier over the incident.
In response, lawyers applied to the Gaziantep Regional Court of Justice on July 19, 2019 and the Cizre Chief Public Prosecutor's Office applied on July 25, 2019. The court of appeals ruled on December 3, 2019 that the permission for investigation should be given.
Lawyers have lodged an appeal
As the Cizre 1st Penal Court of First Instance gave a judicial fine to the soldier in the ensuing trial, Human Rights Association (İHD) Diyarbakır Chair Abdullah Zeytun and lawyer Ercan Yılmaz have lodged an appeal by applying to the Diyarbakır Regional Court of Justice.
The petition has indicated that turning the soldier's prison sentence into a judicial fine is against the law. Referring to the technicalities of the weapon used by the defendant, the petition has recalled that it was a laser weapon, which is used to shoot by choosing a target.
"Therefore, the classification of the offense may change," the petition has noted, requesting that "a ruling of lack of jurisdiction be given and the trial continue at a heavy penal court as the action of the defendant was aimed at wilful killing or, if not, killing with eventual intent." (AÖ/SD)
An İstanbul court has ordered the arrest of 10 individuals detained in an ongoing terrorism investigation targeting district municipalities governed by the main opposition Republican People’s Party (CHP) in İstanbul.
Following their detention on Feb 11, the suspects, comprising deputy district mayors and municipal councilors, were referred to İstanbul Courthouse, where a court ruled for their arrest.
The İstanbul Chief Public Prosecutor’s Office alleges that those arrested were involved with the Peoples’ Democratic Congress (HDK), an umbrella organization of leftist and pro-Kurdish groups. Prosecutors claim that they participated in the "urban consensus" strategy—an electoral cooperation between the CHP and the pro-Kurdish Peoples’ Equality and Democracy (DEM) Party in last year’s local elections—at the direction of the outlawed Kurdistan Workers' Party (PKK).
A written statement from the prosecutor’s office describes the "urban consensus" as "a structure beyond the DEM Party" and claims that the HDK and the Democratic Regions Party (DBP) are "key organizations managing grassroots mobilization" for the PKK.
The DEM Party introduced the "Urban Consensus" approach ahead of the 2024 local elections. Under the strategy, the DEM did not field candidates in certain İstanbul districts, while some of its members were elected as municipal councilors through CHP lists. In Esenyurt, for example, CHP member Ahmet Özer ran under the "Urban Consensus" and was elected mayor. However, he was arrested in October in a terrorism investigation and removed from office.
Among those arrested yesterday are Üsküdar Municipal Council member Bülent Kaygun, Fatih Municipal Council member Güzin Alparslan, Ataşehir Deputy Mayor Livan Gür, Kartal Deputy Mayor Cemalettin Yüksel, Sancaktepe Municipal Council member Elif Gül, Şişli Municipal Council member Sinan Gökçe, Tuzla Municipal Council member Hasan Özdemir, Beyoğlu Municipal Council member Turabi Şen, Adalar Municipal Council member Nesimi Aday, and an individual identified as İ.P., who is reportedly linked to Beyoğlu Municipality.
What is the HDK?
The Peoples’ Democratic Congress (HDK) was founded in 2011 as a coalition of labor unions, leftist movements, minority groups, and various rights-based organizations, including women’s and LGBTI+ groups. The HDK describes itself as a platform for democratic opposition and social movements, advocating for broad-based grassroots participation in politics.
The latest arrests come amid a broader crackdown on opposition-run municipalities in İstanbul. In recent months, multiple CHP mayors and officials have been detained, while investigations have been launched into İstanbul Mayor Ekrem İmamoğlu on separate charges. (VK)
Hatay after earthquakes: Changing priorities and problems
As Hatay continues its reconstruction process after the devastating losses of the February 6 earthquakes, housing, education, healthcare, and economic struggles persist alongside new emerging issues.
Saray Street in Antakya town center. (Vecih Cuzdan/bianet)
In Hatay, the province that suffered the most devastation and lost over 24,000 lives in the February 6 and 20 earthquakes, ongoing problems continue to shift priorities.
In the immediate aftermath of the disaster, urgent needs such as tents, food, and drinking water took precedence. As time passed, housing became the primary concern. Tents were replaced by container shelters, and 228,000 people still live in them. However, fundamental issues like healthcare, education, and access to clean water persist. To address the housing crisis, the government has implemented TOKİ housing projects, designated reserve areas, and on-site reconstruction models.
Housing projects and reserve area challenges
Infrastructure and clean water shortages are prominent issues in areas where TOKİ housing projects are being built. Additionally, because these projects are far from city centers, many earthquake survivors are reluctant to move into TOKİ residences unless absolutely necessary.
Those opting for the on-site reconstruction model face a different set of challenges. Due to the high cost of construction in Hatay, the financial support provided by the government—750,000 liras in grants, 750,000 liras in loans, and 40,000 liras for architectural project expenses, totaling 1,540,000 TL—is insufficient to rebuild homes. As a result, homeowners must take on an additional 790,000 liras in debt, along with extra costs ranging from 300,000 liras to 1.5 million liras.
Taking advantage of this situation, some contractors are drafting legal agreements that reflect lower costs on paper, potentially misleading homeowners. Many fail to thoroughly review contract details, which is expected to lead to increasing disputes and lawsuits in the future. If the government or relevant institutions do not intervene, contractor fraud—seen in previous construction projects—may become widespread in the earthquake zone, further exacerbating the hardships of survivors.
Defne Armutlu Neighborhood construction site, Feb 5, 2025. (bianet)
The Ministry of Environment, Urbanization, and Climate Change’s Urban Transformation Directorate has announced that those who fail to obtain construction permits by June 30 will no longer be eligible for grants and loans. This puts pressure on earthquake survivors to quickly sign contracts with contractors, increasing the likelihood of problematic agreements.
Meanwhile, Hatay Metropolitan Municipality’s approved 1/1000 zoning plans are still in the public objection phase, which, if contested, could extend the process into April. Since obtaining construction permits takes two to three months, the June 30 deadline appears unrealistic. Forcing earthquake survivors into such a tight timeline risks depriving them of their housing rights or pushing them into legally questionable, high-cost agreements with contractors.
Education challenges
In districts like Antakya, Defne, Samandağ, and Kırıkhan, some school buildings are still being used by other public institutions. As a result, students are forced to study under worse conditions than before the earthquake. They are expected to be at a disadvantage in upcoming exams, likely performing worse than their peers.
According to Eğitim-Sen’s report, "The State of Students and Education Workers in the Earthquake Zone on the Second Anniversary of the February 6 Earthquakes," school enrollment rates in Hatay have dropped significantly, with the number of students decreasing by 65,248. Ministry of National Education (MEB) data also shows that 6,343 teachers in the region are still living in container shelters.
Frequent power and water outages negatively affect the learning environment. Due to the shift-based education system, students must leave for school in the early hours of the morning while it is still dark and return home late in the evening. Moreover, the cancellation of free school meals for preschoolers—even in the earthquake zone—has worsened the problem of malnutrition among children.
The report underscores the urgent need for the Ministry of National Education to implement policies that reduce educational inequality and swiftly address infrastructure issues.
Cemalettin Tınaztepe Middle School amid rubble in Antakya, Feb 3, 2025. (bianet)
Health issues
Health problems in the earthquake zone remain unresolved. Unregulated demolitions and reconstruction efforts have worsened air pollution, increasing the risk of respiratory diseases. Reports indicate a rise in infant and child mortality, while mental health issues in the region have reached a critical level.
According to the "February 2023 Earthquakes: 2nd Year Report" by the Turkish Medical Association (TTB) and the Health and Social Service Workers’ Union (SES), the uncertainty surrounding the future and life in container settlements have severely impacted the community’s mental well-being. The report highlights widespread psychological distress due to uncertainty, hopelessness, and insecurity about the future. It also points out that critical Community Mental Health Centers—essential for monitoring chronic psychiatric illnesses—are still absent in Hatay’s central districts, Defne and Antakya.
A commemoration event in İskenderun, 2025. (AA)
Small businesses and economic hardships
Small business owners in the earthquake-affected areas are facing severe challenges. The temporary prefabricated markets set up for shopkeepers are expected to be relocated to reserve areas or other locations in the future, forcing business owners to keep changing addresses. This instability risks driving away their customer base and further reducing their income. Many shopkeepers have already left for other cities, while those who remain are becoming increasingly financially vulnerable.
A major uncertainty for local businesses is whether the Ministry of Treasury and Finance will extend the "force majeure" status, initially declared in December 2022 for businesses with an annual revenue of up to 2.5 million TL. Large corporations are less affected by this issue, but if the "force majeure" designation is lifted, small businesses will bear the brunt, leading to significant financial strain and broader socio-psychological consequences.
Antakya town center. (bianet)
Traffic and other urban problems
Following the February 6 earthquakes, certain districts in Hatay experienced a major influx of new residents. Population growth in Erzin, Dörtyol, Payas, Belen, and Arsuz, particularly in İskenderun, has led to new urban challenges. In İskenderun, the daytime population has nearly doubled, making traffic one of the most pressing issues.
Beyond basic needs, the overall emotional state of the population has also been severely impacted. Observers note that people walking in the streets appear visibly unhappy, with expressions of distress. This widespread sense of unhappiness has begun affecting personal relationships and the community’s overall mental health. (AB/VC/VK)