Court Decreed for Threat instead of Torture

The Izmir 17^th Magistrate Criminal Court decided for lack of jurisdiction regarding the trial about the violent treatment of Fevziye Cengiz at the Izmir Karabağlar Police Station. The indicted police officers were facing prison sentences of up to five years and nine months.

Claiming that the file was based on the offence of threat instead of torture, the magistrate court forwarded the case file to the Criminal Court of First Instance.

Cengiz's lawyer Hanife Yıldırım commented that the decision for lack of jurisdiction was correct but its reasoning was faulty. The file, Yıldırım emphasized, should have been sent to a High Criminal Court.

"The decision for lack of jurisdiction is a positive development but we expected this decision to be given on the grounds of torture and not because of threat. In the end there is the crime of torture. We persistently believe that this offence was torture and that the defendants should be prosecuted accordingly".

"We will present our related defence and objections to the Criminal Court of First Instance as well".

"The High Criminal Court is the court in charge of the criminal offence of torture. The file should also be forwarded to the High Criminal Court".

The case

On 16 July 2011, Fevziye Cengiz was taken into custody in Izmir because she did not carry her ID during an identity check at a night club. She was taken to the Karabağlar Police Centre where she was treated violently.

Cengiz went to the prosecutor's office the next morning and filed a complaint about the police officers. The police officers in turn complained about Cengiz stating that she "assaulted" them.

Footage of the incidents leaked to the media on 9 December 2011. Thereupon, police officers Hakan Yörük and Beyit Sezgin and an officer of the Karabağlar Police officer who watched the incident were suspended from office.

A trial was opened against Fevziye Cengiz because she allegedly "insulted the police officers, hit and scratched their arms with her hand and pushed them". She is facing imprisonment of up to six years and five months. The prison sentences sought for the police officers amount to five years and nine months.

On 2 February, the related administrative investigation about the two police officers was completed. It was decided to claim a reduction of severance pay worth a 12-month salary for the police officers and to reject a disciplinary penalty. (ÇT/VK)