Impunity of Torture

On 12 October 2011, students from primary and high schools in the Nusaybin district of Mardin (south-eastern Turkey) protested against violence at school. The police intervened against the young demonstrators. Police officers ran after a group of 19 students who tried to escape. They hustled them to a nearby mine field. The juveniles were beaten and taken into police custody.

On 14 February, the Provincial Human Rights Council of the Mardin Governorship answered the application sent to them 2 November 2011 by the Human Rights Association (İHD).

The reply was signed by Deputy Governor Selim Palamut, Head of the Provincial Human Rights Council. He informed the İHD about the result of the first investigation: "The opinion was reached that Police Officer C.K. 'acted and behaved in a way that affected the respect and trust required by his official title during his service'. Therefore, the punishment of a '16-month suspension' was given according to Article 7/B-1 of the Police Organization Discipline Statutes remaining one degree below the maximum penalty", Palamut wrote.

The İHD issued a related statement on Thursday (16 February). Deputy Governor Palamut openly voiced his opinion that "the treatment of the juveniles by the police forces was clearly torture" the İHD emphasized.

The organization criticized in their announcement that despite this conclusion of Deputy Governor Palamut, the police officer was not punished in the context of torture but with regard to another disciplinary article. Consequently, a trial on the grounds of torture was being prevented.

According to information of the İHD Head Office, the case file of Fevziye Cengiz who was treated violently at a police station in Izmir will not be brought before a High Criminal Court either. The İHD assumed that also Cengiz's case would result in impunity. Regarding the administrative investigation, it was again being avoided to give a penalty due to the offence of torture.

In statements on both incidents the İHD underlined that in order to become a country that determinedly fought torture, public officials who are suspects should be suspended even during the phase of the investigation in order to ensure a correct investigation. If the result of the investigation suggests that torture was applied, the person should be banned from his profession and a trial on charges of torture should be opened, the İHD pointed out. (MAF/VK)