Reaction to interim decision in Tahir Elçi case
A statement was read out yesterday (November 29) outside the Diyarbakır Courthouse in response to the court's decision to reject all requests and seek an opinion in the trial concerning the murdering of the former president of Diyarbakır Bar Association, Tahir Elçi.
According to the news from Mezapotamya Agency, the statement was attended by Türkan Elçi, the wife of Elçi, Erinç Sağkan, the President of the Union of Turkish Bar Associations (TBB), bar association presidents, the Association of Lawyers for Freedom (ÖHD), representatives of the Peoples' Equality and Democracy Party (HEDEP), and deputies from the Republican People's Party (CHP), as well as representatives from civil society organizations.
In the statement, Diyarbakır Bar Association President Nahit Eren conveyed that the court has made 12 interim decisions, and all of their requests were rejected so far He mentioned that the court panel also decided to abandon the decision for an on-site inspection and the hearing of witnesses.
Eren, stating that the court has essentially put the final point on the scenario drawn in the prosecution process that has been ongoing for three years," expressed what they were told with this decision: "Hey lawyers, friends of Tahir Elçi, we have been keeping you busy with a so-called trial for three years, occasionally issuing interim decisions, but this case file is beyond us. Someone in the dark corridors of Ankara is making interim decisions in this case file."
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"We are accustomed to this impunity, but..."
Eren, saying that there are no independent and impartial judges to illuminate the Elçi case in Diyarbakır, stated that this was once again confirmed today. He continued, saying, "We have been accustomed to this impunity policy for years. But for the first time, we said, 'He was killed in the heart of Diyarbakır, in front of dozens of cameras, live on air. See this crime once, see the injustice, see the lack of justice, and expose those who committed and operated this crime, reveal all the dark forces behind this crime,' but it was rejected."
Stating, "As someone representing the defense in this country, I have once again concluded that we have no power whatsoever," Eren declared that they would take this case to the European Court of Human Rights (ECtHR). He said, "One day, all perpetrators of Tahir Elçi will be held accountable before the judiciary."
Eren indicated that the next hearing has been postponed to March 6, 2024, but in reality, they were told, "Repeat what you have said so far once again, but we will close this case in this manner." He expressed that regardless of the situation, they will continue their struggle for this case until the end.
TBB President: "We witnessed the helplessness of the court"
TBB President Erinç Sağkan also highlighted the deficiencies that have been ongoing for several years in both the investigation and prosecution stages, expressing their concerns about a fair trial. Sağkan stated that the interim decision announced by the court revealed its intention and continued as follows:
"We witnessed the helplessness at the court, using a TÜBİTAK report as a justification for withdrawing from the interim decision regarding the testimony of the prime minister of the time who had said, 'This is a political assassination.' Today, we witnessed the illegality of rejecting all witnesses requested to be heard, stating, 'They will not contribute to the essence of the case.'
Today in this court, we saw a evasive response, stating that an on-site inspection, which was rejected by using the justification of the discovery made in 2016, would not contribute to the case with the evidence at hand, revealing an illegality and fear. Unfortunately, today we witnessed a court saying, 'I am withdrawing my hands from these matters now; I can no longer sustain this case further.'
I am sure that the audacity given by a system that does not even comply with the decision of the Constitutional Court lies beneath these decisions. Of course, we will again be here on March 6. After this, we will follow both the higher court, the Constitutional Court, and the European Court of Human Rights processes, and eventually, we will achieve justice for President Tahir and for all of us."(AS/PE)