The Constitutional Court of Turkey has ruled that the death of a Kurdish man during the 2015-2016 curfews in southeastern Turkey was an unlawful killing resulting from police actions. This landmark decision highlights ongoing concerns regarding human rights violations during security operations in the region.
Key Takeaways
- The court identified the death of R.G. as unlawful, resulting from police actions during a raid.
- The ruling calls for a retrial and awarded damages to the victim’s family.
- The curfews were part of broader security measures against the PKK, leading to significant civilian impact.
Background of the Incident
The incident in question occurred on July 23, 2016, during a police raid in Şırnak province. R.G., a Kurdish man, died in an explosion that also claimed the lives of two others. Families of the victims alleged that the explosion was caused by police actions, but initial investigations yielded conflicting conclusions.
Investigative Findings
An investigation by the Şırnak Chief Public Prosecutor’s Office in November 2018 concluded that there were no grounds for public prosecution, labeling the police actions as "legitimate defense." This decision was contested by R.G.’s father, Süleyman Güngen, who argued that the police had used excessive force.
Despite Güngen’s appeal, the Şırnak Criminal Court of Peace dismissed his objections in April 2019, maintaining that there was no police involvement in the explosion.
Constitutional Court’s Ruling
Güngen subsequently filed an individual application with the Constitutional Court, which scrutinized the previous investigations. The court found that:
- Different judicial authorities had reached conflicting conclusions based on the same evidence.
- Investigators failed to take statements from soldiers and police present during the explosion.
- There was inadequate examination of whether police had used explosives.
The Constitutional Court ruled for a retrial and awarded 200,000 Turkish lira (approximately $5,835) in damages to Güngen, emphasizing the need for a thorough investigation into the circumstances surrounding his son’s death.
Broader Context of the Curfews
The curfews in Şırnak were part of a series of security measures implemented by the Turkish government in southeastern provinces during 2015-2016. These measures aimed to combat the Kurdistan Workers’ Party (PKK), which is designated as a terrorist organization by Turkey and its Western allies. The curfews resulted in:
- Severe restrictions on residents’ movement.
- Numerous civilian casualties and significant property damage.
- Widespread criticism from human rights organizations, which argued that the curfews disproportionately affected civilians and led to significant rights violations.
Conclusion
This ruling by Turkey’s top court underscores the ongoing challenges related to human rights and accountability in the context of security operations. As the case is set for retrial, it raises important questions about the treatment of civilians and the responsibilities of law enforcement during such operations.
