After that the statute of limitation have run out for Turkey's Sivas Massacre case by Ankara 11th High Criminal Court and its approval by Supreme Court of Appeals Penal Chamber 9th Chamber, plaintiff attorney Şenal Sarıhan are taking the case to the Constitutional Court.
Sarıhan submitted an official statement saying that right to fair trial has been violated as well as their re-appeal rights were taken due to the statute of limitations. He also added that some applications of Law on Public Gatherings and Demonstrations violated their gathering rights during the process.
Rapidest trial!
Some of the highlights from Sarıhan's interview with bianet are as follows:
“The incident took place on July 2, 1993 and the first indictment was drafted 18 days afterwards. We didn't take this as a positive sign because the there was no adequate investigation. Authorities only started the investigation with the shock of the incident.
“They have drafted three different indictments on the suspects regarding the violation of Law on Public Gatherings and Demonstrations, indirect murder, and illegal organization membership. These three cases were consolidated in an Ankara court.
“160 individuals stood trial even though 15.000 were involved. In the first instance, most fled because of releases. The story went on this way from 1993 to 2002.
Crime against humanity
“The trial process arrived to this situation as law enforcement and courts have major faults in the finding and tribunal of suspects. In a way, they have paved the way for the runaway of these suspects.
“The only way to avoid this to have the incident recognized as a crime against humanity - a claim that we couldn't convince the law authorities. Otherwise, the statute of limitations would never run out. Because in 2005, the new amendments of Turkish Penal Code made this possible.
“Even though it would fit with universal law to avoid the statute of limitations, the court issued an opposite ruling - which was approved by the Supreme Court of Appeals. The case awaited there for almost 3 years.
Last resort: ECHR
“Finally, we applied to the Constitutional Court. We have expressed that right to fair trial has been violated as well as our re-appeal rights were taken due to the statute of limitations. Some applications of Law on Public Gatherings and Demonstrations violated our gathering rights during the process. Regarding the rights of expression and religion, some internal and international legislations have also been violated.
“I would like to expect a better outcome this time. We would like to see an outcome that will respect and suit international values as well as humanitarian judicial system. Otherwise, we will take it to the ECHR." (EKN/BM)
* Click here to read the article in Turkish.
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