Cameras ‘broken’, all children ‘primary negligent’

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In the trial over the death of 5-year-old Efe Tektekin, who was run over by an armored vehicle in Turkey's Kurdish-majority province of Diyarbakır in 2019, the first hearing will be held on September 21.

"As we are used to in such files, the deceased children are found 'primarily negligent'," says lawyer Ömer Sansarkan from the Diyarbakır Bar Association, sharing the following information about Efe's case:

"Though the actions of the perpetrator that led to the negligence were written one by one and the data about this was provided in the report on the accident, Efe has been found the primary negligent party."

Lawyer Sansarkan recalls that an examination was held at the scene of the incident in July and the new expert report has been added to the file:

"In the report, Efe's father has been unfortunately found primarily negligent on the grounds that he did not protect the child. The reports that have been prepared and the file as a whole show that it is not possible to expect that people, who are police officers themselves, prepare a fair report. Since there are some deficiencies in the file, the trial is continuing."

Cameras 'broken' since 2017

Lawyer Ömer Sansarkan underlines that as the accidents usually do not occur on main streets, camera footage cannot be found.

According to Sarıkan, as there was no city surveillance camera (MOBESE) footage in Efe's file, the video captured by the cameras inside the armored vehicle was requested; however, it is indicated that the cameras inside the vehicle have been "out of order" since 2017.

The lawyer says, "Efe's father and sister said that they got in the armored vehicle and the camera footage was on in the meantime. In spite of all these, the trial is held based on the defendant's statements."

The Traffic Accident Expert report has also found 5-year-old Efe "primarily negligent" on the grounds that he had violated the pedestrian rules. Killed in an armored vehicle crash in Şırnak in early September, Mihraç Miroğlu was also found to be "primarily negligent" in the report.

'All children found "primarily negligent"'

In carrying out investigations into such deaths of children, at what point is it necessary to differentiate between the deaths of children and those of adults? Lawyer Sansarkan answers as follows:

"The fact that the ones who prepared the reports are police officers and work 'under the same roof' as the perpetrators are - in itself - an obstacle to a fair trial. In all such cases, the deceased children were found primarily negligent. Because the report is prepared based on the statements of the perpetrator if the camera footage - one of the most important pieces of evidence - is not present in the file or if there is no statement to the contrary.

"There was an image showing that Mihraç Miroğlu's bike was broken into four pieces. Even this shows how fast the armored vehicle was going. That Mihraç Miroğlu, who lost his life by being hit by an armored vehicle, is found primarily negligent shows that the report is not fairly prepared."

'Children less sensitive to traffic hazards'

Sansarkan underlines that "it is wrong to evaluate a child like an adult." He briefly adds the following:

"When compared to adults, children are less sensitive to traffic hazards due to their physical and mental constitution.

"As they are short, they see the road and traffic flow less than adults. Since their sense of depth is lower than that of adults, they have difficulty perceiving whether the vehicles are going or leaving or how far they are; from what direction and from what distance the sound is coming and what sound they are hearing. So, in assessing the rates of negligence in accidents, such traits of children must be taken into account and neglects must not be attributed to children as if they were adults.

"The negligence must be assessed by thoroughly discussing a series of issues such as whether the public official who had a role in the accident had been adequately trained to drive an armored vehicle or whether he knew how he should act in the event of a collision."

At this point, Ömer Sarıkan recalls that though there is concrete and strong evidence suggesting that the public officials who caused the violation in such trials committed the offense charged, the measure of arrest is not implemented for them and, similarly, the ensuing investigations either end in impunity or a light sentence given as per the relevant law. The lawyer adds that when a sentence is given, it is usually turned into a judicial fine.

'Children moved away from playgrounds'

Concluding his remarks, lawyer Ömer Sarıkan says:

"The policy of impunity, which the state has made a principle in the legal sphere, leads to serious aggrievement across the region and invites new crimes. It is wrong to subject a child to the same evaluation as an adult.

"The United Nations Convention on the Right of Child, which Turkey is a party to, stipulates that the states shall protect children even at times of war. However, no law or convention can face the shield of impunity.

"It is seen that a vast majority of these incidents happen in the Southeastern Anatolia region. The fact that such incidents happen in this region frequently underpins our allegation of discrimination. Children are moved away from playgrounds as the streets are filled with armored vehicles." (AÖ/SD)