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The Constitutional Court has ruled that four members of a family who were subjected to ill-treatment by the police and injured during a home raid shall be paid 170,000 lira (~23,000 USD) in compensation and the incident concerning them shall be reinvestigated.
Ahmet Endes, his mother Gülümser Endes, his father Mehmet Endes and his grandmother Zeynep Endes were beaten by the police after they went to their relatives' home in İslahiye, Antep, during a raid.
They filed a complaint against the police officers but the prosecutor's office refused to prosecute the case, concluding that the use of force against resisting family members were "proportional."
Also, a court acquitted the family in a case filed against them for "resisting the police."
In its justified decision pronounced today (January 26), the Constitutional Court cited this verdict, stressing that the allegation that the family prevented a home search was not accepted by judicial authorities.
"Moreover, even if it is accepted that the use of force by the law enforcement was necessary in the conditions of the concrete incident that, it has been observed that there were serious problems regarding its proportionality," said the top court.
"Both the police and the prosecutor are responsible"
The court ruled that the investigation against police officers regarding the family's complaint should be reopened.
For Ahmet Endes and Mehmet Endes, the prohibition of torture and maltreatment, which is guaranteed by article 17/3 of the Constitution, was violated in terms of its material and procedural aspects and for Gülümser Endes and Zeynep Endes, the prohibition of maltreatment was violated in terms of its procedural aspects, said the court.
"It has been understood that the material violation of the prohibition of maltreatment originated from the action of law enforcement officers and the procedural violation originated from the decision of the Chief Public Prosecutor's Office," it stated.
Ahmet Endes and Mehmet Endes will be paid 65,000 (~8,800 USD) each and Gülümser Endes and Zeynep Endes will be paid 20,000 (~2,700 USD) each, according to the court ruling.
What happened?
As part of an investigation against Ö. Endes, the son of Zeynep Endes, for insulting a prosecutor in İslahiye, Antep, on social media, the police raided a home on September 16, 2017, at around 2 a.m.
Ahmet and Mehmet Endes, who wanted to go to their relatives, were battered. Ahmet's nose and Mehmet's ribs were broken. Gülümser Endes was also battered and Zeynep Endes was subjected to maltreatment.
After the incident, Ahmet and Mehmet Endes received a medical report from İslahiye Public Hospital stating that they were battered and filed a criminal complaint against the officers to the İslahiye Chief Public Prosecutor's Office.
They said in their petition of complaint that there was an argument between them and the police officers, the officers pointed their weapons at them and fired in the air, and the officers kicked them after getting them on the ground and they had several injuries as a result.
They further alleged that police officers from the Special Operation Forces swore at them.
In their statements of defense, the police officers said they used "proportional force" and Zeynep Endes was injured after "hitting herself against the wall."
The prosecutor's office gave a decision of non-prosecution, stating that the officers were tasked to enforce the search warrant and fulfill orders, for which they could not be responsible.
After the Kilis Penal Judgeship of Peace rejected an appeal by the Endes family, they applied to the Constitutional Court. (AS/VK)
