- Although a hearing date was given in the case opened upon the complaint of Ali Tosun, who was subjected to torture and ill-treatment by the police at the 968th week protest of the Saturday Mothers, the hearing was not held.
- The judge stated that the case file is subject to the simplified trial procedure and said that holding a hearing was “a mistake”; the decision will be given based on the written statements of the parties.
Rabia Çetin
The first hearing in the case opened against a police officer upon the complaint of one of the relatives of the disappeared, Ali Tosun, due to torture and ill-treatment by the police against relatives of the disappeared and human rights defenders at the 968th week protest of the Saturday Mothers, was not held because it did not comply with the simplified trial procedure.
The judge stated that he had given a hearing date by mistake and said that he would make a decision after the written statements regarding the file are submitted by the parties.
At the 968th week protest held by the Saturday Mothers in Istanbul’s Beyoğlu district on October 14, 2023, Ali Tosun, one of the relatives of the disappeared, filed a criminal complaint due to torture and ill-treatment by the police targeting relatives of the disappeared and human rights defenders.
Following Tosun’s complaint, an indictment was prepared against only police officer H.B. for the crime of “simple injury by exceeding the limits of the use of force.” After the indictment was accepted by the Istanbul 37th Criminal Court of First Instance, a date was set for the first hearing to be held today, and the parties were notified of the hearing date.
Before the trial expected by the Saturday Mothers/People, the relatives of the disappeared, human rights defenders, and many lawyers, a large number of plainclothes police officers were also present at the door of the courtroom.
At the time of the hearing, the judge admitted only the parties’ lawyers into the courtroom and announced that the hearing would not be held, arguing that the file is subject to the simplified trial procedure given the nature of the accusation and the sentence prescribed for the offense.
The judge stated that the earlier decision to proceed with a hearing was a mistake.
One of the Saturday Mothers' lawyers, Mehmet Kartal, made a statement to journalists about the hearing not being held, saying:
“The judge will notify the parties of the indictment and, after receiving the parties’ written statements, will issue a ruling. If an objection is made to the decision, the court will hold a hearing, collect evidence, hear witnesses, and issue a new ruling.”
The date on which the case will be reviewed through the case file has not been determined.
Lawyer Mehmet Kartal also said:
“In our statement, we will request that the action be evaluated within the scope of the crime of torture and that a decision of lack of jurisdiction be issued so that the file is sent to the High Criminal Court.”
What had happened?
At the 968th week gathering of the Saturday Mothers/People, the relatives of the disappeared, Besna Tosun and Newroz Ali Tosun, were subjected to physical violence by the police within a “security cordon.”
Of the 25 people detained, proceedings were initiated against 21 of them on charges of “resisting the police.”
Human rights organizations prepared reports on their observations regarding the police obstruction of the Saturday Mothers’ 968th week gathering and the rights violations that occurred during the police intervention.
According to the report, Besna Tosun, the daughter of Fehmi Tosun, who was disappeared under detention on October 19, 1995, in Istanbul, and her brother Newroz Ali Tosun were subjected to physical violence and reverse handcuffing within the “security cordon” formed on Istiklal Avenue.
It was determined that six separate handcuffs were applied to Besna Tosun in succession.
Among the 21 people against whom proceedings were initiated on charges of “resisting the police” were also 71-year-old Hanife Yıldız and 72-year-old Mikail Kırbayır. However, only one person’s statement was taken regarding this accusation.
