Nolle Prosequi For Torturers in Diyarbakır Prison
Abdulgani Alkan, the chairman of 78’ers Association in Diyarbakır (Diyarbakır 78'liler Derneği), had also been in Diyarbakir Prison No.5 after Turkey’s 1980 coup on September 12. He stated 1500 criminal complaints on grounds of persecution were filed “nolle prosequi” due to the statute of limitations.
Alkan told bianet they were going to object to the ruling issued by Diyarbakir Prosecutor’s Office.
10-thousand-page document
With the six-year effort of the “Commission to Research Truth and Justice”, the association heard 517 witnesses and gathered a 10-thousand-page document.
During the last 4 years, approximately 1500 individuals including collective applications led by Diyarbakir 78s Association filed a criminal complaint to Diyarbakir Prosecutor’s Office.
The applicants stated they were treated inhumanly and tortured in Diyarbakır Prison No.5.
Forensic medicine report
Stating their purpose is to reveal the incidents in Diyarbakır Prison during 1980-1984, Alkan said the following: “After the first applications, some friends of ours needed to receive a report from Forensic Medicine. We presented these reports providing evidence for the persecution to Prosecutor Beyoğlu, he filed them.” Around 500 victims testified to the prosecution.
Prosecutor Tugay Savur took over the case conducted by Prosecutor Serkan Beyoğlu at first.
Alkan stated the ruling of dismissal reached them.
“Seeing that a time-out exists, why they did not file a nol pros in the beginning, why the individuals were obliged to receive reports?” asks Alkan now.
A crime against humanity
Abdulgani Alkan, the chairman of the Association of 78’ers in Diyarbakır (Diyarbakır 78'liler Derneği), said these about the ruling:
“The international agreements Turkey signed also states there shall never be a time-out for crimes against humanity.”
“What they performed in Diyarbakır is inhuman treatment and they committed a crime against humanity with the derogatory behaviors against humans. They did not committed the crime only against us, they committed it against humanity.”
September 12 case
“We also demanded to take part in September 12 case judging Kenan Evren and Tahsin Şahinkaya. Our demand was rejected,” said Alkan.
“Penalizing Evren is a positive step. If staging a coup is admitted by judge, all individuals took part in the coup must be regarded as guilty. Two people did not staged the coup on their own, there are also the police, capital, civil branches…
“Indictment already stated: Maraş massacre, Çorum massacre, May 1, 1977, murdering TIP members, sentences of death… They did not judge Evren and Şahinkaya for these actions, they judged Evren and Şahinaya on the grounds of their crimes against the state. No one was on a trial for these actions, these crimes against society.
“The nolle prosequi ruling during the resolution process is thought-provoking. We are still ruled with September 12 laws, which is a contradiction.”
Alkan stated the need for founding a Truth Commission and the necessity for all the crimes to face a court. (AS/MEV/BM)
* Click here to read the article in Turkish.