Click to read the article in Turkish
A 10-year-old child was battered by his sports teacher in the dressing room of a gym around one and a half years ago. A lawsuit has been filed against the teacher on charge of "actual bodily harm".
The incident took place in a private gym in İstanbul in May 2018 and the incident has been taken to court as the mother (B.Ö.) of the child filed a criminal complaint against the teacher.
The next hearing of the case will be held on April 7, 2020 at 1.45 p.m.
(Considering the best interest of the child, we do not publish the video.)
Expert: Physical, psychological violence inflicted
The expert report presented to the İstanbul Anatolian 60th Penal Court of First Instance has recounted the incident briefly as follows, based on the CD featuring the video footage of the incident:
"After bringing the child to the dressing room, defendant U.D. gave orders to him to put on his clothes. The child had difficulties in getting dressed, the person got angry and inflicted violence on the child. The person did not inflict violence on the child for once, but he repeatedly committed violent acts against him by pulling, pushing, elbowing, hitting him on the head and showing the child his fist. It is also seen that in addition to the physical violence that he inflicted on the child, the person also inflicted psychological violence on him with his eyes, gestures and facial expressions.
"It has been understood that the child was expected to do things that he had difficulties in doing by himself (such as getting dressed and drying himself) and when he could not meet those expectations, the person started inflicting violence on the child."
Speaking to bianet about the incident and the judicial process, Gökmen Yeşil, the attorney of the family, has indicated that the incident cannot be considered an actual bodily harm, but a systematic torment. In his statement to the court, Yeşil also stated that the offense of the defendant fell within the scope of torment as per the Article 96 of the Turkish Penal Code.
'I cannot take him to hospital, he is afraid of the doctor'
In her criminal complaint to the prosecutor's office, the mother of the child indicated that her child had been doing sports at the gym with the sports teacher named U.D. for around five months and on the day of incident, the gym personnel called her and told her that her child was battered:
"On May 30, gym workers called me and said that my child, who cannot defend himself and cannot speak, was battered by his teacher in the dressing room. I went to the gym on the same day, I also called my husband and talked to the director. They told us that we cannot watch the camera footage without filing a criminal complaint. I went there again later and, unable to stand my weeping, they made me watch some parts of the footage. I called my lawyer and we filed a criminal complaint."
Mother B.Ö. also said, "My child cannot speak or tell, I have not heard anything from him. When my child gets excited, he only bites his hand, he does not attack anyone. There were bruises on his arm, but I did not take him to hospital, my son is afraid of the doctor."
Indictment: He forced him on the floor, kept on beating
According to the bill of indictment filed against sports teacher U.D., the video footage has shown that "he hit hard on the head of the child and kept on hitting him by pulling him from behind; when the child started crying, he pulled his hair, forced him on the floor and kept on hitting him in that position; he also smacked him occasionally."
Defendant: I did it so that he would not harm himself
The first hearing of the case was held on April 11, 2019. In his defense presented to court, defendant U.D. said, "My behavior at that moment solely aimed to prevent the child from harming himself. As the aggrieved party had autism, he previously harmed himself and his surroundings. He is a child who throws himself on the ground in moments of crisis."
U.D. also indicated that the family of the child knew that he did not have any license for working with children with autism.
In the second hearing of the case held on November 14, 2019, the attorney of the defendant defended his client by saying, "It will be understood from the file that my client suffered."
After the family filed a criminal complaint against him, defendant U.D. also filed a criminal complaint against the family when he went to depose. (AS/SD)
