Non-prosecution for criminal complaint of prisoner tortured

  • actual
  • 11:53 28 January 2023
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AĞRI - A decision of non-prosecution was rendered for the criminal complaint about Zülküf Kaya being held in Patnos Type L Prison, being tortured for 2 hours by 20 guards while being taken to the infirmary, on the grounds that "there is not enough suspicion and evidence".
The criminal complaint made to the Patnos Public Prosecutor's Office and the Patnos Criminal Judgeship of Peace regarding Zülküf Kaya's torture for 2 hours while being taken to the infirmary, in Patnos Type L Prison in Ağrı, was rejected. The judge and prosecutor's office, claiming that there was no situation that would require an investigation against the prison staff, decided that there was no room for prosecution.
In the criminal complaint made by Zülküf Kaya's lawyer Sertaç Çelikkaleli reminded that his client fainted on June 21, 2022.
Çelikkaleli made the following statements in his criminal complaint: "After this, the client was taken to the infirmary, but the guards on duty here tried to prevent the client from being treated by the doctor in charge and said 'you are pretending to be ill' to the client. The client, who wanted to protect his 'right to health', was tortured for 2 hours by 20 guards in front of the doctor. The client was battered and insulted by the guards and the use of his 'right to health' was prevented. The guards were not satisfied with this and sent the client back to his ward without treatment so that the torture they had committed would not be revealed. All the ward friends witnessed that the client was tortured, and the client was dressed and similar medical procedures were carried out.”
Çelikkaleli's criminal complaint to the Patnos Public Prosecutor's Office about the guards and the prison administration was rejected. In the reasoning of the Prosecutor's Office, "When the information and documents, the current evidence status and the entire file scope are evaluated together, it is understood that there is not sufficient suspicion necessary for an indictment to be drawn up that the personnel of the suspected Penitentiary Institution committed the crime of 'deliberate injury' by acting contrary to the requirements of their duties. He claimed that there is no room for prosecution on behalf of the public for the alleged crime against his personnel.
After the objection made to the Patnos Criminal Judgeship of Peace regarding the rejection decision of the prosecutor's office, a defense was requested from the prison administration. The prison administration, which sent a defense to the judge, did not mention the torture inflicted on Kaya, stating that he was a "being member of an organization" and that he constantly applied for a ward change. The judge, who made its decision, claimed that the decision of the prosecutor's office "no place for prosecution" was appropriate and decided that there was no need for any indictment to be prepared against the persons who were accused of crime.

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