Impunity in Torture Case with New Prosecutor?

In yesterday's (12 April) hearing of the Engin Çeber torture case, the newly assigned prosecutor Muammar Çalık demanded life sentence for only two of a total of 60 defendants. Çeber died in the Istanbul Metris Prison in October 2008 after he had been tortured in the 'Şehit Muhittin Bodur' police station in Istinye on the European side of Istanbul.

bianet talked to lawyer Taylan Tanay. According to Tanay, Çalık was appointed by the Bakırköy (Istanbul) Chief Prosecutor's Office. In his final submission, prosecutor Çalık requested life sentences for Metris Prison guards Sami Ergazi and Selattin Apaydın. Tanay told bianet that for the remaining 58 defendants Çalık demanded either acquittal or suspension of punishment. "This equals exemption from punishment for torture", Taylan criticized.

A total of 39 prison guards stand trial together with 13 police officers, four soldiers on duty in prison and one prison doctor.

The final defence of the defendants was postponed to 31 May and the following days.

Penalties may be suspended

Lawyer Tanay summarized the main points as follows:

Acquittal of police officers: Based on "insufficient evidence", the prosecutor requested acquittal for ten of the police officers on duty at the time at the Istinye police station. Three police officers stand accused of "intentionally injuring" Çeber. Previous prosecutor of the case Mustafa Kemal Öztürk had demanded the defendants' defence on torture allegations.

Acquittal of Gendarmerie officers: Four gendarmerie officers initially stood trial under charges of "intentional injuring". Yet, previous prosecutor Öztürk had demanded prosecution under allegations of torture. Prosecutor Çalık on the other hand demanded their acquittal saying that, "the reasons for [Çeber's] injuries cannot be confirmed, even though they might have entered his cell with truncheons and belts".

"Misconduct of office" for prison doctor and director: Prosecutor Çalık demanded punishment for "misconduct of office" for prison doctor Yemliha Söylemez and prison director Fuat Karaosmanoğlu. Head guard Nihat Kızılkaya faces imprisonment of up to 1.5 years under allegations of "intentional injuring".

Tanay emphasized that within the trial duration of about 18 months evidence has been gathered such as camera footage, statements of witnesses, expert reports and prove of torture by the forensic medicine report. Nevertheless, the prosecutor's approach showed that his stance was "far away from zero tolerance for torture", the lawyer criticized. Tanay added that they are going to question the Bakırköy Chief Prosecutor's Office why a new prosecutor has been appointed at all.

Detailed statements about torture

29-year-old Çeber was arrested together with Aysu Baykal, Cihan Gün and Özgür Karakaya after he had issued a press release protesting that the shooting of left-wing human rights activist Ferhat Gerçek by the police. The shooting had resulted in Gerçek's paralysis and had not been investigated or punished by the authorities. Çeber was sent to Metris Prison in Istanbul, where he was severely beaten. Gün and Karakaya had given detailed descriptions of the torture experienced in the Istinye police station and in Metris Prison.

After complaining to his lawyer, Çeber was sent to a hospital in Şişli (Istanbul), where he fell into a coma, dying of brain hemorrhage on 10 October 2008.

After the Forensic Medicine report proved evidence for torture, Turkey's Minister of Justice Mehmet Ali Sahin admitted the torture and apologized.

Footage had been published showing police officers kicking Çeber and his friends while they were sitting on the floor with handcuffs. (TK/VK)