Youngsters named Metin Kösemen and Mehmet Ali Genç have been held in detention at Şanlıurfa Police Directorate’s Anti-terror Branch since 23 July 2016. In the first five days of the detention, they were denied communicating with their lawyers, and there are serious identifications and allegations that the youngsters had been exposed to torture and maltreatment. When their lawyers say them after the said five days, they put on minutes the torture and maltreatment allegations. In spite of the fact that lawyers have filed two criminal complaints with the Office of the Prosecutor in Şanlıurfa based on the said minutes, no action has been taken. Upon the prolongation of the detention period, the lawyers filed an application on July 29 with Şanlıurfa Office of the Penal Judge of Peace asking for the termination of the detention and referral of Kösemen and Genç to a health institution. Şanlıurfa Office of the Penal Judge of Peace no 1 did not admit the application on 1 August 2016 and the detention practice has continued. The lawyers of the youngsters filed an application with the HRA-Human Rights Association on July 29 for us to take legal action.
On the 12th day of the detention of Metin Kösemen and Mehmet Ali Genç, namely on 3 August 2016, an application was filed with the Constitutional Court for an injunction (Constitutional Court Application No: 2016/13956). The application is an application by the youngsters as well as by the HRA. In the application, an injunction request has been made for the termination of the detention procedure regarding Metin Kösemen and Mehmet Ali Genç and for their referral to a health institution in connection with the torture and maltreatment allegations. Apart from these, due to the reason that article 6/1 (a) of the State of Emergency Decree-law no 667, indicated as the basis for the extension of the detention period, is in explicit breach of Constitutional article 15/2, ECHR article 15/2 and article 4 International Convention on Civil and Political Rights, and in view of Constitutional article 90, demand has been expressed for the introduction of injunction with respect to the halting of the 30-day detention period. Furthermore, based on the merits, request has been filed for a ruling of violation and payment of compensation.
As also set out and expressed in the statements by HRA and HRF of Turkey with regard to the State of Emergency and the Decree-law thereof, the 30-day detention period is absolutely in breach of the constitution as well as the relevant human rights conventions. The Aksoy vs. Turkey ruling of the ECtHR, too, confirms it. The injunction decision to be taken by the Constitutional Court in this connection, will be important in terms of manifesting whether or not Turkey is adhering to the principle of the State governed by the rule of law.
We will share the developments with the public as they unfold.
Human Rights Association