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Prosecutors stalled the investigation into the killing of Kader Ortakaya (28) near Turkey's border with Syria in 2014, according to the attorneys who applied to the Constitutional Court regarding the incident.
Ortakaya was among a group of people trying to cross into Syria's Kurdish town of Kobanê, which was under the threat of ISIS at the time. A border battalion had responded to the group.
"In the intelligence information note labeled as 'confidential,' which was sent by the National Intelligence Organization (MİT) to the case file, it had been stated that there were low-intensity clashes between DEAŞ [ISIS] and the PYD/YPG [Democratic Union Party/People's Protection Units] on November 6, 2014, the date of the incident," said the petition of application.
"With this intelligence information, the accuracy of which was not confirmed, the prosecutor's office has issued a permanent search warrant without carrying out footage and autopsy examinations. And the statute of limitations is determined as 15 years."
"The incident was covered up"
With the Forensic Medicine Institution report prepared six years after Ortakaya's death, it became clear that she was shot with a firearm.
While it was clear that Ortakaya was killed in a targeted shot by soldiers, the Governor's Office of Şanlıurfa covered up the incident and the prosecutor's office issued a permanent search warrant without specifying the perpetrator and now is waiting for the statute of limitations to expire, according to Müslüm Baran, the attorney of Celal Ortakaya, Kader Ortakaya's elder brother.
It was also stated in the petition that many procedures that the prosecutor's office had to do, including the autopsy, were carried out by the Orkaya family, but no effective investigation was carried out.
The attorney explained the lack of an effective investigation as follows:
The scene of incident was not investigated
Although a request was made for an on-scene investigation right after the incident, an investigation was not carried out and bullets and other evidence was not collected.
Suspects testified to suspects
The killing happened in Yumurtalık village, which is in the area of responsibility of the Land Forces Command's 3rd Border Regiment 3rd Border Battalion Command 7th Border Squadron and Mürşitpınar Gendarmerie Station.
The witness soldiers testified at Mürşitpınar Gendarmerie Station. However, the soldiers, who could also be suspects, should have testified at the prosecutor's office.
All the testimonies were the same
"When the testimonies are examined, it will be understood that the testimonies were the same and the testimonies were written in accordance with the scene investigation minutes.
"One year after the incident, the Suruç Chief Public Prosecutor's Office, without taking statements from any soldiers 'even as witnesses,' sent the file to the Diyarbakır Military Prosecutor's Office, giving a decision of lack of jurisdiction. After one year, the military prosecutor's office requested the soldiers who were on duty during the incident to testify as witnesses.
"While most of the testimonies of the witnesses were contradictory (apart from written testimonies), as some stated that only tear gas was fired and some stated that tear gas was not fired but only a warning was issued, the prosecutor's office did not take any action to remove these contradictions."
Burial without autopsy
"It is against the law that the prosecutor's office did not perform an autopsy on the body despite the statement of Cahit Uçar, one of the witnesses who saw the incident in person, that "I was among those who crossed the border first and we were about 40 people. Meanwhile, Kader was in the group that came after me. Suddenly, I heard the opening of the door of one of the armored vehicles belonging to the military, and then I heard a lot of gunshots that I cannot remember, and the soldiers were firing this weapon."
The prosecutor didn't take action despite the forensic medicine report
After the applications of the family, the Forensic Medicine Institute decided that the grave should be opened again for autopsy.
It concluded after the autopsy that Ortakaya was shot with a firearm and submitted its opinion to the Suruç Chief Public Prosecutor's Office, which has not taken any action despite the report. (AS/VK)
