Constitutional Court Says ‘Violation of Right to Life’ for Suspicious Death of Soldier

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In its verdict regarding İmam Bildik, who allegedly committed suicide while doing his mandatory military service, the Constitutional Court has ruled that his right to life and right of access to court have been violated.

It was alleged that İmam Bildik, who was on mandatory military service in Uşak, committed suicide by jumping off a moving vehicle after he had a dispute with his commander on October 15, 2012.

Applying to the Constitutional Court regarding the suspicious death of İmam Bildik, his relatives Fatma Bildik and Hasan Bildik stated that there was no reason for İmam Bildik to commit suicide, adding that the intentional actions of the commander Ö.D. may have caused his death.

Fatma Bildik and Hasan Bildik listed their suspicions as follows:

* The clothes of İmam Bildik, which he wore on the day when he lost his life, were found among coal bags.

* The vehicle was cleaned before the Crime Scene Investigation teams came to the scene of incident.

* İmam Bildik was not directly taken to a hospital after the incident; he was, instead, first brought to the Gendarmerie Commandorship.

His right to life violated

In the verdict of the Constitutional Court published on the Official Gazette and stating that the right to life of İmam Bildik has been violated, it has been emphasized that the state is "obliged to protect the individuals under its jurisdiction from ending their own lives in a deliberate and unlawful manner" and "to protect their right to life against all types of risks that might arise from the actions of other individuals or the actions of themselves."

The verdict has also underlined the responsibility of the state "to launch and conduct an effective investigation to identify the responsible parties of each unnatural death incident."

His right of access to court violated

The Constitutional Court has ruled that İmam Bildik's right of access to court as guaranteed by the Article 36 of the Constitution has also been violated.

Regarding İmam Birlik being taken to the commandership instead of hospital after the incident, the Forensic Medicine Institution previously ruled that the time that Birlik spent in the commandership did not have any effect on his death and military prosecutor's office made a decision of non-prosecution.

The claim for pecuniary and non-pecuniary damages submitted by the relatives of Birlik also remained inconclusive. (EKN/SD)