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In the retrial over the Vartinis Massacre, the Kırıkkale 1st Heavy Penal Court has ruled that Bülent Karaoğlu, the then Hasköy Gendarmerie Commander and the only defendant of the case, shall be arrested.
Nine people, including seven children, were burned to death in Vartinis (Altınova) town in Turkey's Kurdish-majority eastern province of Muş in 1993, which has come to be known as the Vartinis Massacre.
Speaking to bianet following the hearing today (September 21), Muş Bar Chair Kadir Karaçelik, the lawyer of the aggrieved party, has said, "This is, of course, an injunction. We cannot say that justice has been fully served for the aggrieved party, but the ruling of arrest is still good news, considering that even a detention warrant is not issued in such grave cases."
'We expect the prosecution to speed up'
Raising concerns that there is still a risk of expiry of statutory limitations, lawyer Karaçelik has said, "However, after the arrest warrant is executed, we expect that the process of trial will speed up and the ruling will be handed down in a few hearings. When the case is brought to the Court of Cassation, a ruling may be given quickly as the file was legally examined before."
Court of Cassation: Commander gave the order
The Chief Public Prosecutor's Office of the Court of Cassation indicated that an effective investigation or prosecution was not carried out into the incident and said that a retrial should be held.
In the trial over the killing of nine people by being burned to death in Vartinis in Muş province, the 1st Penal Chamber of the Court of Cassation concluded that Bülent Karaoğlu, the then Hasköy District Gendarmerie Commander, had been accountable for the massacre.
The Court of Cassation overturned the local court's ruling of acquittal, saying that "Karaoğlu gave the order to burn the village."
Following this ruling, the retrial over the Vartinis Massacre started at the Kırıkkale 1st Heavy Penal Court today (September 21).
'My client is not the only one responsible'
In his statement at the hearing today, lawyer Kadir Karaçelik commented on one of the soldiers who submitted a petition, expressing his demand for being a witness again, after witnessing at the first stage of the trial.
"The defendant is putting pressure on the witnesses and wants them to change their statements. His attempted spoliation of evidence had already been proven. The Court of Cassation overturned the ruling so that a ruling of conviction could be given," the lawyer said.
"What are you waiting to arrest," he asked.
Karaçelik has told bianet that the soldier, when he first made a witness statement in the trial, said that "the defendant on trial was at the scene of the incident, they went to the village and an operation was launched."
As for the lawyer of the defendant, s/he said, "There is an atrocity but my client is not the only one responsible."
The court has rejected the defendant's request for hearing the witness again and ruled that the defendant shall be arrested.
The next hearing will be held on November 4, 2021.
What happened?
The Chief Public Prosecutor's Office of the Court of Cassation indicated that there was no effective investigation or prosecution and demanded that a retrial be held in the Vartinis massacre case.
CLICK - State Officials Charged with Burning 9 People Acquitted
On October 2, 1993, nine people living in Vartinis village of Korkut district in Turkey's eastern province of Muş were burned to death in their house. The youngest of them was 14 years old:
Mehmet Nasir Öğüt, Eşref Oran, Sevda Öğüt, Sevim Öğüt, Mehmet Şakir Öğüt, Mehmet Şirin Öğüt, Aycan Öğüt, Cihan Öğüt and Cinal Öğüt.
At the final hearing of the case at the Kırıkkale Heavy Penal Court on March 1, 2016, all defendants were acquitted due to "lack of evidence."
CLICK - 'I've been Waiting for This Day for 23 Years'
'People prevented from putting out the fire'
The 1st Penal Chamber of the Court of Cassation has upheld the acquittal of all defendants, except for that of District Gendarmerie Commander Bülent Karaoğlu. The Chamber has concluded that Karaoğlu was responsible for the incident and overturned the acquittal.
The ruling of the Penal Chamber has indicated that while Karaoğlu was passing through Vartinis, he addressed the villagers and said, "We will come tonight and burn down your village."
The ruling also said that "at the night of October 3, at around 3 a.m., hundreds of soldiers came to the town as part of the operation and the haylofts, haystacks, barns, animals and several houses as well as the house of Nasır Öğüt were set on fire during the operation."
Noting that the ones who were at home at the moment of the incident were burned to death in the ensuing fire, the 1st Penal Chamber of the Court of Cassation said, "It is understood that the townspeople who wanted to intervene to put out the fire were not allowed by soldiers."
The ruling of the 1st Penal Chamber of the Court of Cassation has briefly explained Karaoğlu's responsibility in the massacre as follows:
"It is understood that the defendant, who was on duty as the Hasköy District Gendarmerie Company Commander, participated in the operation, as indicated in the witness statements; it is unimaginable that he would not participate in such an operation within his jurisdiction, considering that he was the District Gendarmerie Commander; given that the defendant was the most senior officer in the operation and given his remarks after the non-commissioned officer was martyred, it is understood that the fire occurred upon his order and instruction..."
Rhe 1st Penal Chamber of the Court of Cassation has concluded that the acquittal of the defendant is against the law as it was not considered necessary to hold him responsible and penalize him for the fire.
Karaoğlu will stand trial again on charge of "solicitation to aggravated murder." If the Kırıkkale Heavy Penal Court does not defy the ruling of the Court of Cassation, the trial will be held again. (AS/SD)
