WAN - Reacting to the sentence of 6 years and 8 months given to a village guard who was tried without arrest on rape charges in Elbak district, Attorney Jiyan Özkaplan said: "An effective investigation was not conducted. The perpetrator was protected because he was in uniform."

 

The final hearing of the case against village guard Bışar Atlı, who raped M.Ş. in Elbak (Başkale) district of Wan (Van-Kurdistan) on August 15, 2023, on the charge of "simple sexual assault" was held on July 9 at Van 6th Assize Court. The court sentenced Atlı to 4 years and 6 months for "simple sexual assault" and 2 years and 2 months for "deprivation of liberty". Atlı, who was tried without arrest, was sentenced for "simple sexual assault" instead of "qualified sexual assault". 

 

'HE WAS PROTECTED BECAUSE HE WAS IN UNIFORM' 

 

M.Ş.'s lawyer Jiyan Özkaplan said that the rape incident was concretely revealed in the Forensic Medicine Institute (ATK) report, but despite this, he was sentenced for "simple sexual assault". 

 

Özkaplan said that there was no effective investigation in the case and added: "The perpetrator Atlı was protected because he was in uniform, just like in other similar cases. The indictment was prepared on the charge of 'rape'. However, there were many changes in the file when it moved on to the final opinion. The first prosecutor demanded acquittal and release of the perpetrator and the temporary court panel accepted the decision. In the next hearing, when both the court and the prosecutor changed, the final opinion also changed. This time the final opinion was prepared for 'simple sexual assault'. The request for the perpetrator, who was released in the previous hearing, was accepted without any evaluation. The defendant did not attend the last two hearings. The perpetrator must have been present in the courtroom during the verdict hearing. He must have had the last word and the verdict must have been read to his face. Even though the opinion is better than before, the main punishment must have been given for 'qualified sexual assault'." 

 

3 HEARINGS IN ONE MONTH 

 

Pointing out that the trial was concluded quickly, "3 hearings were held in one month. While the old prosecutor asked for acquittal, the new prosecutor asked for punishment. We encountered such a strange situation, and it made us think that this case was suspicious. Because the perpetrator is an uniformed village guard. Since there was no effective investigation and trial, the perpetrator was sentenced at the lower limit" Özkaplan said. 

 

'EFFORTS WERE MADE FOR THE DEFENDANT TO ESCAPE' 

 

Stating that those in uniform take courage from the impunity policies and commit new crimes, Özkaplan said: "Police, soldiers and village guards take courage from this and these crimes increase. The request for the defendant to be absent was accepted. In other words, efforts were made for the defendant to escape. The court decided, 'You can escape even if I sentence you'. Again, the defendant and his lawyer are trying to create a perception as if the woman consented. The perpetrator Atlı is an armed person. He scares her in the car and attacks her. He sexually assaulted and raped her. How can the woman scream in this situation. In court, we presented not only the woman's statement but also the report and the contradictory statements of the family. We asked for a trial based on this. Despite this, the perpetrator was protected."

 

Özkaplan pointed out that the reactions of women were important in terms of the decisions taken and continued as follows: "Because the court committee sees a sense of ownership there, this is very important. Women need to organize on these issues. The law must work to prevent such incidents. Unfortunately, the law exists but it does not work."

 

MA / Mehmet Güleş