The third hearing of the case on torturing the conscientious objector Enver Aydemir in Maltepe Prison was held on July 4 at Selimiye Military Quarters.
While the Maltepe Prison Warden, Colonel M.Ö. and the duty officer İ.S., who are on trial with charges of ill treatment, did not attend the hearing, Aydemir's lawyers challenged the court arguing that it lacks fair trial standards.
"The accused are kept away from court"
Aydemir's lawyer Müşir Deliduman told bianet that they'd requested the court to bring the accused officers to the next hearing. He stated that if the accused appeared at court, the lawyers would have the right to question them directly and cross-examine in accordance with Article 201 of the Turkish Penal Code. This is why the accused avoid appearing at court, he believes.
"Judge and prosecutor's ranks are lower than the accused"
Muşir Deliduman told bianet that they had conducted an inspection in Maltepe Military Prison on December 27, 2010 and detected some bloody fingerprints on the walls of Aydemir's cell. He explained how they scratched these bloody parts off the wall and put them in sealed envelopes, and that the court panel, which were present during the visit, signed and delivered the envelope. However, at the first hearing after the inspection they realized that the envelopes had been opened and the evidence was lost. He further said that:
* This court panel has no capacity to safeguard the information, documents and evidence exist in the case file.
* The investigation and prosecution judges that were assigned throughout the legal proceedings were lower in rank than the accused officer, who is a colonel.
* There is a disproportional of the superior-subordinate ranks, which would undermine court's impartiality principle.
Furthermore, the accused officers are facing charges of "ill treating a subordinate", whereas they should be charged with torture. Enver Aydemir was tortured and torture is a crime against humanity. Hence, they should be tried in a civilian court, not in the military one.
"Distinction between civilian - military courts violates the principle of equality"
Noting that making a distinction as "civilian and military courts" is in contradiction with the equality principle enshrined in the constitution, Deliduman believes that fair trial would be impossible where a commander is tried by his subordinates.
Aydemir's lawyers challenged the court by claiming that the courts has no impartiality. The court will wait for the Northern Sea Territorial Waters Command's decision to which it submitted the lawyers' appeal.
The appeal will either be upheld and the court will be dismissed, or İ.S. and M.Ö. will continue to be tried by the current court. (EKN/ÖD)
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