Decision of non prosecution of torture with baseball bat

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  • 12:21 22 September 2020
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MARDİN - A decision of non prosecution was given for the complaint of the people who were taken into custody and battered with baseball bats during the curfew declared in the rural areas of Derik and Mazıdağı. The complaint was rejected by the prosecutor's office citing it was an 'abstract allegation' although there was an assault report proving the torture.
 
A curfew was declared in the rural areas of Mardin's Mazıdağı and Derik on December 17, 2019, and 8 people were detained in rural neighborhoods of Konur (Şêb) and Çayköy (Şêba Jêr) 3 days later. Those released on December 24 with the condition of judicial control filed a criminal complaint with the Mardin Chief Public Prosecutor's Office on the grounds that they were tortured with a baseball bat at the Provincial Gendarmerie Station, where they were detained.
 
TORTURED PROVEN WITH ASSAULT REPORT  
 
The torture in question was also reflected in the assault report taken by the citizens on December 21, when they were in custody with the application of their lawyers. The report of Human Rights Association (IHD) and the Human Rights Foundation of Turkey (TIHV) recalled the stick of the renowned torturer Esat Oktay. The report read 'There is a strong opinion that the detainees were subjected to torture and ill treatment.'
 
In the Expert Report prepared on the subject, the examination of the camera records of the detention center, assault reports and the statements of the citizens were included. It was stated that the person numbered as "V person" was taken out of jail with law enforcement officers wearing shoes, but when he came back, again with the law enforcement officers, he was limping and his shoe laces were untied.
 
It was stated in the report that one of the citizens identified as “P person” was similarly taken from the jail and brought back. It was stated that 'P person' showed to another detainee his palms when he were being brought back to the cell.
 
The prosecutor office gave a decision of non prosecution despite the reports and the statements. The attorneys of the citizens appealed to the Criminal Judgeship of Peace against the decision of the prosecution.  Noting that the prosecutor's office violated an effective investigation and acted unlawfully, the lawyers stated that the suspects were not identified, the hospital assault reports and the TIHV report were not taken into account.
 
 
MA/ Ahmet Kanbal

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