Court Ruling: “Torture”

Izmir 12. Criminal Court of First Instance , where the police officers who assaulted Ms. Fevziye Cengiz were on trial, sent the case to High Criminal Court, ruling that the police officers must be prosecuted for torture charges.

Ms. Cengiz's lawyer Hanife Yıldırım talked to bianet:

"For us, it was obvious from the start that it should have been a torture case. Since the beginning we had been demanding that the case should be handled by the High Criminal Court. We're happy to see that the court ruled as such."

Previous hearing ended by "nonjurisdiction"

On February 15, Izmir 17. Magistrate's Court had sent the case of the police officers to the Izmir 12th Criminal Court of First Instance, ruling  "nonjurisdiction of the court". The reason given for nonjuristiction was that there was also "act of threat" charges against the officers besides the "simple assult" charge.

"Nonjurisdiction is the right decision, however its reasoning is not. This case had to be sent to High Criminal Court from the start" said Lawyer Yıldırım to bianet.

Background information

Fevziye Cengiz was at a night club in Izmir on July 16, 2011 when police arrested her because she was not able to provide an identity document to the officers. Police officers beat her violently at Karabağlar Police Station, where she was taken for custody.

After the incident, Cengiz filed a complaint against the police officers to the prosecutor's office next morning. Likewise, the police officers lodged a complaint against her claiming that she had assaulted them.

The plainclothes police officers Hakan Yörük and Beyit Sezgin, who had beaten Cengiz, and the police officer from Karabağlar Police Station who watched the incident without intervening were suspended from office on December 9, 2011, after the media had published images from the  the CCTV footage of the incident.

A lawsuit was filed against the police officers with a sentence of up to 5 years 9 months of imprisonment. Another lawsuit was filed against Cengiz with a sentence of up to 6,5 years of imprisonment.

On February 2^nd, the administrative inquiry of the police officers was completed. The two policemen were given demotion penalty that amounts to approximately 13 Euro (TL 30) per month.  No disciplinary penalty was given to the police officer from the station.

On February 15, Izmir 17. Magistrate's Court had sent the case of the police officers to the Izmir 12th Criminal Court of First Instance, ruling  "nonjurisdiction of the court". The reason given for nonjuristiction was that there was also "act of threat" charges against the officers besides the "simple assult" charge.

The expert report, which was submitted to the court in April, established that Cengiz was tortured. (ÇT)