"The judiciary, which failed to carry out the necessary investigation, is also indirectly responsible for the murder"

The verdict hearing has begun for the murder of Tahir Elçi, the former president of the Diyarbakır Bar Association, who was killed in front of the Four-Legged Minaret in Sur district in 2015.

Türkan Elçi, CHP MP and widow of Tahir Elçi, DEM Party Spokesperson Ayşegül Doğan, DBP Co-Chair Keskin Bayındır, CHP MPs Aliye Timisi Ersever, Okan Konuralp, Sezgin Tanrıkulu, Sevda Erdan Kılıç, Yüksek Taşkın, Cumhur Uzun and Sibel Suiçmez, as well as representatives of the Human Rights Association (İHD), the Association of Lawyers for Freedom (ÖHD), civil society organizations and international legal organizations are following the hearing at Diyarbakır 10th High Criminal Court.

Lawyers from over 40 bar associations, including Erdinç Sağkan, President of the Union of Turkish Bar Associations, are also present at the hearing. The participants did not fit in the hall, and dozens of people were left standing.

UN Rapporteur: Tahir Elçi's murder must not go unpunished

11 June 2024

“The court tried to avoid solving the case”

Speaking about the final verdict, Tahir Elçi's brother Mehmet Elçi said, “As the court panel, you tried to avoid solving the case. We have seen this. We do not accept the acquittal verdict." Those who took the floor afterwards noted the following:

Diyarbakır Bar Association President Nahit Eren: Nearly 9 years have passed. There was a 4-year investigation process and a lawsuit was filed. We asked you for what should have been done in the investigation, but all of them were rejected. Why is that? How important was this file? Orhan Pamuk, who received the Nobel Peace Prize, was asked about this murder and he said, 'It was a horrible murder'. Yes, it was horrible, because Tahir Elçi was murdered in front of cameras in a city that was very well protected by the security apparatus. The prime minister of the time promised that this murder would not be covered up, but Tahir Elçi was murdered a month after he was taken into custody. This case is a political assassination. We think that this case will be closed by the judiciary. Because you did not build a case in our favor. There has never been any courage to shed light on the case. We do not think that a fair verdict will come out of this case. Everyone saw this murder but they are trying to look the other way. This final opinion is not a final opinion for the murder of Tahir Elçi. Those who call this murder a political assassination should be heard as witnesses.

Türkan Elçi's lawyer Orhan Kemal Cengiz: We haven't seen any progress being made. Those conducting the investigation should have been impartial. You decided to wiretap then Prime Minister Ahmet Davutoğlu, but then you stopped following the prosecutor's request. How can we believe that you are impartial? They say there is no evidence. Did you collect evidence? All of the witnesses who came here said they testified under pressure. Efforts were made not to shed light on the Tahir Elçi case. All of the cameras at the scene of Tahir Elçi's murder have been cut off. Only half of the evidence was gathered and this was done deliberately. 9 years passed and we have nothing. And this is thanks to your court. All our requests were rejected. Not a single piece of evidence was collected, and they talk about a fair trial. 2 militants who were followed for 13 kilometers were not stopped along the way. Why were they stopped on Gazi Street? They were under surveillance for a whole year. There were two intelligence officers in that street. We requested their radios etc. to be listened to, but it was rejected. You said two policemen were killed, we asked you to investigate that too, but you didn't. Even if this case takes 20 years, we will follow it until the due penalty is given.

Lawyer Gamze Yalçın: None of the authorities carried out the necessary investigations. No crime scene investigation was carried out due to security concerns. We could not obtain the bullet projectile that hit Tahir Elçi. Then a curfew was declared, violating the sanctity of the right to life. 4 months later, a crime scene investigation was carried out, but it was not a thorough investigation. The judiciary that failed to carry out the necessary investigation is also indirectly responsible for Tahir Elçi's murder. Due to the ineffective investigation, we had to consult the University of London. The report identified the suspects in Tahir Elçi's murder. An indictment was prepared against 3 police officers. There was a letter of denunciation that entered the investigation phase, but you did not feel the need to investigate it. Where is this fear coming from? This needs to be answered. A verdict with these deficiencies will not ensure justice in society.

Lawyer Benan Molu: There is gross impunity present here. There was no protection despite known threats. There were tip-offs and although they contained vital information, their sources were not listened to as witnesses. The police were not serious in their calls, which caused it to sound as if they were conducting a criminal record check. As a result, the militants escaped and entered the street where Tahir Elçi was. Although it was known in advance what would happen, it remains a violation that no measures were taken. There is a statement that the police officers have not received any training on how to use those weapons in a residential area. This in itself is a violation of the right to life. If not Tahir Elçi, someone else could have been shot with so much gunfire. We see that an ambulance was not even called for the police officer who was wounded after the incident. If Tahir Elçi had been wounded, he would have died because the ambulance did not arrive. After all this, an indictment is barely prepared and we are still waiting for a verdict after 9 years. Despite the demand for an impartial and independent judiciary, we seem to be closing the file today. The place where prosecutors cannot go on security grounds is being opened to the public. It was not explained why the crime scene investigation could not be carried out where the public could enter. No discovery was made either. This case will be decided on without having carried out two fundamental aspects of the investigation. Intelligence officers were not listened to. Camera footage has not been uncovered. This alone shows that no effective investigation was conducted. We demand that the murder of Tahir Elçi, who dedicated his life to impunity, should not remain unsolved.

Lawyer Tuğçe Duygu Köksal: The report stated that 'One of the three policemen was directly in shooting position and the others should also be assessed by the court'. It was not explained why this person was not assessed separately. Why did we ask for an assessment to be done on this matter? There are other police officers in the witness statement. If our request had been listened to, other suspects could have emerged. How could the court miss such an important issue? The scene should have been reconstructed and an assessment should have been made, but this never happened. It is clear who killed Tahir Elçi. It is the person the bullet projectile belongs to. The bullet projectiles were not collected. This is evidence tampering due to the crime scene investigation that was not carried out. We demand a verdict after this discovery has been made.

(İY/HA/DT)