Constitutional Court: 'Violation of the right to life'

Photo: İLKHA

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The Constitutional Court (AYM) ruled that there is violation in the case of the killing of 19-year-old Mehmet Eliveren and 17-year-old Yılmaz Eliveren in 1999 in Bingöl by the police, "mistaking them as terrorists." 

That the case against five police oficers, one the police chief of the district, was discontinued due to statute of limitations was a viloation of the right to life secured with Article 17 of the Constitution, ruled the supreme court. 

390 thousand lira of compensation will be paid to the families of the uncle and niece according to the decision. 

It all started with asking for a debt to be repaid

The event that led to the death of two started with asking for a debt to be repaid. The Eliveren family who were selling military materials in their shop asked the 8 thousand dollars that they lended to Ahmet K., the chief of police at the police headquarters in the Genç district, to be repaid. However they were threatened by Ahmet K. 

There was a notice that a group of terrorists entered the district.

The police officers who later claimed that they saw Mehmet ve Yılmaz Eliveren holding lasers, such as those used by terrorists in order to identify the places of their targets, shot both dead. 

Indictment for policemen after 11 years

A news report published in a national newspaper 11 years after the event, with the title "11 years old secret uncovered" caused the investigation to be opened again. 

Diyarbakır Chief Prosecutor's office prepared an indictment against the police chief Ahmet K., inspectors Bülent G., Ahmet Kenan Ç., and police officers Mehmet A. and Mehmet Y. The indictment revealed that the police had commited the crime in order not to repay his debt. A suit was brought against the police officers for "reckless killing," "forgery of documents," and "threatening." 

The case, known as the "Eliveren Case" was heard at the Bingöl 1st Heavy Penal Court. The court determined that Mehmet and Yılmaz Eliveren did not have any connection with a terrorist organization. The court ruled on March 25, 2016 that the crimes for which the suspects are standing trial was subject to statute of limitations and that the case should be dismissed. 

On appeal, the 1st Criminal Department of the Court of Cassation reversed the judgment of the first degree court on February 14, 2018, stating tha the police officers should be acquitted. 

Family goes to the Constitutional Court

The court reheard the case and insisted on its ruling. The "statute of limitations" ruling was this time upheld at the Court of Cassation. 

The Eliveren family took the case to the AYM where it was ruled that the statute of limitations is "impunity" and that the right to life had been violated. 

The supreme court also decided that the families of Mehmet and Yılmaz Eliveren should be paid 390 thousand lira each for non-pecuniary damages. (HA/PE)