ECtHR Rules for Turkey to Pay Compensatio to Convict in Hezbollah Case

Click to read the article in Turkish

Found guilty of murders committed in Diyarbakır at the age of 17 in Hezbollah case, Deniz Girişen’s application to the European Court of Human Rights (ECtHR) has been concluded.

The ECtHR found Turkey guilty of “violating right to have an attorney during interrogation” and “not completing the trial within reasonable time”.

Trial lasted 13 years

Deniz Girişen was detained at the age of 22 in December 2001 on suspicion of being a member of Hezbollah and on charge of “attempting to change Constitutional order” in Turkey’s southeastern province of Diyarbakır. He pleaded guilty in his deposition at the Security Directorate.

In prosecutor’s office and court, he told that he was given electric to admit the charges. Even though he reiterated this statement, he was sentenced on the ground of his deposition at the Security Directorate.

The court ruled aggravated lifetime imprisonment for Girişen for being the person who used the gun in killing five people, injuring three others. Girişen was 17 years old at the time of the murders, thus the court reduced the sentence to 16 years and 8 months.

Then Supreme Court 9th Chamber of Penalty reversed the judgement on the ground of “inadequate investigation” and the file was returned to Diyarbakır Special Court 6th Heavy Penal Court.

Since Girişen was under 18 at the time of the murders, the court ruled foreign plea. In November 2010, the file was sent to Diyarbakır Juvenile Court. By taking the time Girişen served into consideration, he was released on probation.

The court ruled 16 years in prison in June 2012 and the Supreme Court approved this verdict two years later and the case was concluded after 13 years.

Fine over not completing the trial within reasonable period

Girişen appealed to the ECtHR via his lawyers. In his appeal, Turkey violated his “right to fair trial”.

Stating that the proceeding was not fair, Girişen said that he wasn’t granted the right to hire a lawyer during his detention.

The ECtHR found Girişen right in his appeal and sentenced Turkey to pay fine of 7 thousand and 500 Euros of immaterial compensation. (AS/TK)