Despite assurances given to ECtHR, file was closed

  • actual
  • 10:11 7 October 2021
  • |
VAN - Dspite Turkey's commitment to the ECtHR regarding the case of Zahir Yılmaz, who was killed by soldiers 18 years ago in Çaldıran, the local court closed the case.
The case of 14-year-old Zahir Yılmaz, who was killed by soldiers on October 1, 2003, near the Qaşım (Üçgözler) District on the Çaldıran-Iran border of Van, has not been concluded for 18 years. Although Turkey's assurance to the European Court of Human Rights (ECHR) that it would be possible to reopen the criminal proceedings against the soldiers in question, the local court did not recognize the decision.
Right after the incident in 2003, the Yılmaz family filed a criminal complaint against the soldiers in the police station through their lawyers. In addition, an investigation was launched against 10 soldiers on the charge of "deliberate killing". After the indictment was accepted, all the soldiers were acquitted in the trial held at the Erciş High Criminal Court. The appeal made to the Supreme Court was also rejected and the case resulted in impunity.
After exhausting domestic remedies, the family applied to the ECtHR through their lawyers. Sending a defense to the ECtHR on December 14, 2020 with the start of the trial, Turkey emphasized that it would be possible to reopen the criminal proceedings against the acquitted soldiers. The ECtHR, on the other hand, announced its decision against Turkey's commitment on July 1, 2021. ECtHR stressed that Turkey accepted the violation in the case file and a retrial was in order. ECtHR decision continued as follows: "The Government considered that the aforementioned remedy could provide redress in respect of the applicants' complaints under Article 2 of the Convention. The Government therefore proposes to pay all kinds of pecuniary and non-pecuniary damages to the applicants in order to resolve the pending case before the European Court of Human Rights."
The ECtHR also underlined that if the government does not comply with the unilateral notification conditions, the application can be taken back to the list of cases. Lawyer Murat Timur, who applied to the Erciş High Criminal Court on July 7, 2021 after the verdict, demanded that the file regarding the acquitted public officials to be reopened. The court rejected the request on the grounds that Turkey's unilateral notification to the ECtHR was not considered among the reasons for the retrial. In the objection made to the Van 3rd High Criminal Court against this decision, the court stated that the decision of the Erciş High Criminal Court was appropriate, without giving any reason, and did not recognize the commitment Turkey made to the ECtHR.
Evaluating the decision, attorney Murat Timur said: "Hundreds of people were killed at the border while border trading since 2000. Most of these cases ended in non-prosecution. The law enforcement officers, who are the defendant of these cases were acquitted on grounds that they were doing their duty. It is possible to say that the impunity policy of the judiciary has been institutionalized in all deaths in the border region. Since this approach shows that any intervention by public officials at the border will be tolerated, public officials can easily commit all kinds crimes."
Timur said that since there is no opportunity for citizens to make a living in all border villages, it has been known that public authorities have allowed border trading for years.Since an effective and fair investigation was not conducted in the investigation regarding the death of the client's relative, those responsible for the incident were not punished. As a matter of fact, in the declaration submitted by the government to the ECtHR, it accepts that the clients' right to life has been violated in this case. Either these courts do not know the nature of the ECtHR's decisions or they have an assessment that the ECtHR's decisions are not binding. In both cases, it shows that the judges did not implement the judicial decision on purpose. We have already informed the ECtHR of our opinion that the judicial system, which does not fulfill even the ECtHR's conviction decisions, will not comply with the retrial if the declaration is accepted. The applicants have been fighting for justice in Turkey for 18 years. The violations of the ECtHR regarding the death cases in the border regions recently show that the violations in this region occur systematically and that the judicial and administrative bodies act with a common policy of impunity. With the rejection of our objection after this decision, the legal process in Turkey was completed. We will apply to the ECtHR for the file to be included in the case list again."
MA / Adnan Bilen 

View More Articles

15:20 Two new disciplinary punishment for Öcalan
15:06 Justice Watch of relatives of prisoners on 14th day
13:38 Şenyaşar: Laws are not enforced in Urfa
13:37 Uca: If Europe acts bravely, Turkey's war policy will come to an end
12:35 Kobané Case: E-mail claimed to be send by PYD reveals to be unfounded
09:48 Police left man paralyzed, court says it is in 'justifiable'
14:53 Law suit filed against journalist Sala for allegedly working for Roj TV 12 years later
14:52 Karayılan announced names of chemicals used in Federated Kurdistan
11:43 Şenyaşar Family's Justice Watch enters day 264
11:41 Aydeniz: The way to a free life is through resistance
11:40 House raids in multiple cities
17:34 Untreated sick patlient dies in prison
17:33 Gezi Trial: Kavala remains in prison
16:56 New application submitted by Öcalan's family and guardian
14:09 Justice Watch of relatives of prisoners on day 11
14:06 Lawyers of Öcalan applies to international institutions: Expose this illegal isolation
14:05 33 women on trial for defending İstanbul Convention
13:17 Şenyaşar Family: Enforce the law in Urfa
13:17 Scores of HDP members detained in Kocaeli and İstanbul
10:36 Journalist Mame: KDP blocks investigation of chemical weapons use
10:35 4 prisoners over 70 are struggling with serious diseases
09:38 Guards threaten prisoners in Türkoğlu Prison
15:53 Lawyers applied to Parliament regarding Öcalan and prisoners in İmralı
14:21 Sancar: Opposition parties should submit joint election proposal to Parliament
13:20 Şenyaşar family: The reason for this tragic course of events is injustice
12:54 Our reporter Acar released from detention
12:11 HDP MYK convened: Political agenda and economic crisis will be discussed
11:28 Application to Ministry of Justice for Öcalan: End this uncertainty
10:21 Turkey's use of chemical weapons on Europe agenda
09:47 İlham Ehmed met with Lavrov
13:24 Lawyers submit new application to visit İmralı
13:20 Şenyaşar family: There will be no making amends before those committed crimes are held to account
13:10 Tan: If you want to make amends, stop denying
12:11 'Female politicalprisoners fighting against inhumane practices'
11:27 Gurban's attorney: Violation decision is not implemented so that Öcalan does not benefit from it
11:27 USA: Money going back and forth between ISIS and Turkey
19:44 Detention period of journalist Acar extended for 4 more days
19:06 Journalist Acar under custody for 4 days: Security Directorate is taking revenge
16:34 How are Bayraktar drones sold to which country?
16:27 Öztürk: The system Erdoğan represents collapsed
13:54 Şenyaşar Family: Release Journalist Emrullah Acar
12:52 Not being protected, Ergany Church fell into ruin
12:48 Confidentiality order on our reporter Acar's file
10:23 Mother subjected to strip search, fainted
10:22 Mothers to KDP: We want a headstone for our children
11:16 Medicament crisis in Turkey
10:56 Prisoner with schizophrenia after torture is not released
17:08 HDP: Millions of children are deprevide of their right to education in their mother tongue
13:30 PYD Women's Council Spokesperson: Turkey's problem with Rojava is the hope it creates
13:29 Şenyaşar Family: We need to stand together and stop oppression