The death of the child deemed as 'lawful'

ŞIRNAK -  13-year-old Fatma Elarslan from whom no news could have been heart and found dead after 20 days following the curfews in the district of İdil in Şırnak province was deemed as "a member of an organization" based on the testimonies of an "anonymous witness" and a decision of non-prosecution was regarding her death.
13-year-old Fatma Elarslan went missing during the curfews declared on February 16, 2016  in the district of İdil in Turkey's Kurdish-majority Şırnak province and her dead body was found on March 7, 2016 was considered as "a member of an organization". The investigation launched regarding Elarslan's death was given a decision of non-prosecution by Şırnak Public Prosecutor's Office.
In the autopsy, it was documented that Elarslan's death was caused by gunshot wounds and ammunition explosion.
In the decision of non-prosecution the claim that Elarslan is "a member of an organization" was stated based on the testimonies of anonymous witness that was recorded in the file with the pseudo-name of "Hilal" and it was claimed that Elarslar was involved in a conflict with the police. The decision also claimed that it was not possible to detect which gun the bullets that killed Elarslan. Defending the claim that the 13-year-old child was clashing with the police the decision said, "She was in an armed conflict with the law enforcement and killed by the law enforcement forces. It has been evaluated that the law enforcement officers have fulfilled a lawful order from a competent authority."
Veysel Vesek, the lawyer of the Elarslan family stated that there is not legal ground to kill Fatma and declare her as a member of an organization as she was just in the age of 13 when she was killed. Taking attention to the official reports documenting the conflict in İdil,"It was stated that there was no conflict outside, in the open-air," said Vesek and asked, "Then by which operation and how Fatma was killed
Magistrate Court, on the other hand, rejected the appeal on the grounds that "Based on the available evidence, if the suspect is more likely to be acquitted, then it is decided that there is no room for prosecution. The second reason for the decision of non-prosecution is that it is not possible to prosecute for reasons such as death, amnesty, timeout".
MA / Ahmet Kanbal

View More Articles

12:17 Garzan Cemetery is burning
11:47 Her name was 'gray listed' after being arrested
11:09 HDK Co-Spokespersons: The key to democracy is to break the isolation
15:56 Turkish fighter jets bomb the countryside of Sulaymaniyah
14:32 Paylan: Government's choices exacerbated the economic crisis
12:44 Families applied to visit İmralı
11:47 3 prisoners starts hunger strike in Elazığ Prison
11:04 Search for Doku started again
09:10 Timtik and Ünsal's request for release is also rejected by the higher court
09:10 Police operation against HDP youth in Adana: 13 detained, Youth Assembly member battered
18:39 Asrın Law Office: CPT report is not enough, the torture system in İmralı must be abandoned
18:38 Journalist investigated for reporting a sexual assault
15:03 Speaking Kurdish banned in a mall in the Kurdish populated city Cizde
15:02 Health Minister denies claims that hospitals hit full capacity due to Covid-19
14:47 Lawyers of Öcalan applied for a visit in İmralı
12:24 Demirtaş: A structure organized in government acting to realize their agenda
11:17 Family of Kurdish-origin soldier file lawsuit after suspicious circumstances of son’s death
11:06 Women detained in İstanbul Convention rally released
11:03 Prisoners of Nusaybin case on hunger strike for 7 days
11:00 DFG Association says 98 journalists are currently in prison
09:18 Turkey reports highest new Covid-19 cases in a month
15:56 Water embargo of Turkey continues for 3 months
15:31 Journalist Aksoy passed away
14:38 IMF: Turkey is vulnerable to shocks
12:51 State of Emergency in Beirut: At least 100 dead, 4 thousand wounded
12:32 CPT: Restrictions in Imrali are not acceptable
10:24 HDP's alderman detained following a raid on his home
15:21 ATO: The number of daily cases approached one thousand in Ankara
13:38 5.7 magnitude earthquake in Malatya
13:15 Êzidî women sold as slaves on parliamentary agenda
12:43 Irish politician and Nobel Peace Prize winner John Hume dies
12:36 Soldier opens fire in Çaldıran: 1 person lost his life
11:22 Lawyers of Öcalan applied for an interview in İmralı
11:18 July inflation rate announced
10:43 5 prisoners diagnosed with coronavirus in Tarsus Prison
09:33 Only two Kurdish Language graduate appointed as a teacher
16:40 Pektaş on hunger strike for death fasting lawyers detained
16:37 7 women committed suicide in 45 days: We are out of patience
16:34 ISIS attacks a prison: 20 dead
11:25 HDP Women's Council: We salut the resistance of Yazidi women
19:54 Demo for Timtik and Ünsal in front of the hospital
14:53 72 Bars in solidarity with Hatay Bar President
14:25 Torture under gendermerie custody: I am the law!
12:07 Police detaining citizens in Güçlükonak after blockade has been lifted
10:31 Soldiers beat 3 shepherds to death
16:00 ÇHD: Ünsal and Timtik left for dead
13:22 Court overturns ban on Pride Parade
12:03 Lawyers: Not releasing Timtik and Ünsal is torture
10:19 15 more people died of Coronavirus
09:32 3500 trees will be chopped down in Diyarbakır for structuring