ECHR Convicts Turkey Due to “Halt Warning”
The European Court of Human Rights (ECHR) found Turkey guilty of violating the right to life in Taydaş case, where the applicant and his brother was shot by gendarmerie soldiers after a neighbor visit in 2007.
According to gendarmerie commander İ.S., if they had intended to kill them, neither Taydaş nor his brother would have survived.
While gendarmerie officers contended that they made warning fires, 26 empty shells were found in the scene. Taydaş was permanently disabled and only able to walk with the aid of two crutches.
“Aimed to kill”
On 3 September 2007 at around 8.10 p.m. the applicant was shot by officers from a gendarmerie special operations team immediately after he and his brother left a neighboring house in the vicinity of their hamlet, Gölek, in the district of Mazgirt, in Tunceli, south-east Turkey.
As a result of the shooting, the applicant was hit with a total of eight bullets and suffered injuries to his arms, his legs, and his left shoulder. Taydaş’s brother was not injured during the shooting.
According to a medical report issued by the Forensic Medicine Department of Fırat University dated 13 November 2007, the injuries that the applicant sustained were life-threatening.
According to the report, the applicant received medical treatment and underwent surgical operations at the cardiac surgery units at the Elazığ Military Hospital and the Fırat University Hospital between 3 and 19 September 2007. He was then transferred to the Ege University Hospital in Izmir upon the request of his family members.
A further medical report issued on 27 June 2011 by a board of doctors from the Karşıyaka State Hospital stated that the applicant was experiencing difficulties in walking and using his left shoulder as a result of firearm injuries.
In particular, he had suffered a 48% loss of function in his legs and a 10% loss of function in his left shoulder. According to the report, Taydaş was permanently disabled and only able to walk with the aid of two crutches.
Crime scene report written by shooters!
On 4 September 2007 a crime scene investigation was carried out by gendarmerie officers from the Tunceli Provincial Gendarmerie Command, who then drafted a crime scene report. The report was signed by six gendarmerie officers, including İ.S. and M.K., who had taken part in the operation of 3 September 2007.
The report drafted by the officers stated that the special operations team had received information that members of the PKK would be going to the house where Taydaş and his brother had gone.
At around 7.40 p.m. gendarmerie officers arrived in the vicinity, took up position at the four different points identified earlier by their commanders and waited for PKK members.
The officers informed the commander that the applicant and his brother had objects in their hands which looked like weapons. The team commander then ordered Taydaş and his brother to stop when they were 60 meters away. As they failed to do so, officers first fired warning shots in the air (3-5 shots) and then opened fire in the direction of the applicant and his brother (13-14 shots) towards their feet. They stopped firing when the applicant and his brother shouted that they were villagers.
26 empty shells were found in the scene.
“We could kill if we wanted to”
Taydaş and his brother lodged a complaint against the gendarmerie officers who had been responsible for the applicant’s shooting.
On 6 September 2007 the Mazgirt Public Prosecutor took statements from Taydaş brother, S.T.
S.T. further maintained that they had walked with their torches on and that there had been no warning or warning shots before the shooting.
On 11 September 2007 the Mazgirt Public Prosecutor took statements from a number of gendarmerie officers who had been involved in the operation of 3 September 2007. İ.S., the team commander, contended that Taydaş’s injuries had been his own fault and that they had not intended to kill the applicant or his brother. According to İ.S., if they had intended to kill them, neither Taydaş nor his brother would have survived.
On 1 February 2008 the Mazgirt Public Prosecutor decided that his office did not have jurisdiction over the prosecution, given that the suspects had allegedly committed the offense of excessive use of force. The Mazgirt Public Prosecutor then sent the investigation file to the Elazığ Military Prosecutor’s Office.
On 31 December 2008 the Elazığ Military Prosecutor decided not to bring criminal proceedings against the six gendarmerie officers.
On 6 April 2009 the Malatya Military Court upheld the Elazığ Military Prosecutor’s reasoning and dismissed the applicant’s objection
Taydaş applied to ECHR which found Turkey guilty of violating Article 2 of the Convention and ordered to pay Taydaş 52,285 euros for non-pecuniary damages and court expenses. (AS/BM)