Nolle Prosequi in Roboski Massacre Case

Turkish Military Prosecutor’s Office released a statement, saying that they decided not to follow charges in Roboski Massacre case.

“We are standing where the words have ended,” Ferhat Encü, an affected family member, told bianet. 

On the other hand, Diyarbakır Bar Association Chairman Tahir Elçi said the decision was unlawful and unacceptable even though it was not officially submitted to them. 

“However,” Elçi continued “it wouldn’t be such a surprise for us. We already said that military prosecutors could not remain impartial as they are under the military authorities responsible behind the incident.” 

“They performed their duty"

The decision cited that no investigation was necessary for suspected soldiers İlhan Bölük, Yıldırım Güvenç, Aygün Eker, Halil Erkek and Ali Rıza Kuğu as “they committed an major error but performed their duties within the given orders”. 

Next step: Constitutional Court 

Advocate Elçi listed the next judicial process as follows: 

“Nolle prosequi decisions can be subjected to motions. We will use our right against military court authorities. Depending on the result, we will exhaust all means of objection. Then we will have the right to take it to the Constitutional Court.”

Encü: No justice for the oppressed 

Ferhat Encü told bianet the following:

“I was expecting this, but I still got upset after hearing it. I also got furious. We have been struggling for two years now. We have literally knocked every single door necessary. PM promised that the case wouldn’t vanish in in the dark corridors.

“A parliamentary commission has been formed, but it concluded that there was no ‘purpose’ in the incident. Diyarbakır Prosecutor’s Office decided not to follow charges. We have been expecting this. 

“When we look at the process within last month, there is no justice for the oppressed, there is no state. This decision will remain as a black stain in the human history. The state, once more, cleared itself out. 

“Failure to uncover this massacre hurt people’s conscious. 

“Our struggle will resume to reveal the truth and to ask for justice.”

What happened before?

On December 28, 2011, Turkish military jets bombarded 34 Kurdish civilians from Ortasu/Roboski and Gülyazı/Bujehon villages located on the southeastern border. 

On June 11, 2013, the case was transferred from a civil court to a military court due to duty assignments. 

Diyarbakır Prosecutor’s Office charged the Roboski Massacre suspects with “neglected homicide” of 34 individuals. (AS/BM)