Lawyer protests impunity in the killing of his mother by soldier's bullet

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Bünyamin İnce is one of the twelve children of Sürmi İnce, who was killed by a soldier's bullet on July 18, 2016, in Yüksekova, Hakkari, and the lawyer of the family in the related case.

He has spoken to bianet about the case, in which the Constitutional Court (AYM) had requested a defense from the Ministry of Justice and the Ministry of Interior. 

Evaluating the opinions submitted by the two ministries, İnce expressed his reaction, pointing out that there are "unfounded" statements in the defenses made by the ministries to AYM.

"Alleged armed conflict"

Lawyer Bünyamin İnce

The Ministry of Justice has stated İn its opinion submitted to the Constitutional Court that a conflict occurred at the location of the incident where the death occurred, that shortly after the death, the security forces examined the area, and that materials belonging to the organization [PKK] were found, İnce said.

"The Ministry is distorting the incident and not stopping there; it is also making unfounded allegations," says the young lawyer.

He underlines that there has not been any armed conflict in the area where the incident took place and no firing of long-barreled weapons. "No examination has been carried out on the site and no materials belonging to the organization have been found," he says. He explains that the location where it is being claimed that the security forces have carried out an examination and materials belonging to the organization has been found is on the other side of the village and 5 to 6 kilometers away from the place where his mother was killed.

5-6 km and 1-hour difference 

İnce underlines that although the Ministry of Justice's opinion portrays it as if there is only one incident location, in reality, there are two incident locations: "The place where my mother was murdered and the point where military personnel claimed to have seen members of PKK. There is a significant distance and a one-hour time difference between these two locations," İnce says. 

Attorney İnce expressed his reaction to the Ministry of Justice as follows:

"There is an institution in this country called the 'Ministry of Justice.' Unfortunately, this institution is providing the Constitutional Court with false information and distorting the incident."

"Effort to protect the military personnel"

The lawyer also evaluated the opinion that the Interior Ministry has submitted to the supreme court. 

"The Ministry stated that personnel fired in self-defense, but considering that there was no organization member and no conflict at the location where my mother was murdered, and it is known that there were civilian citizens in the field, the view that three women in local attire and a 6-year-old child 20 meters away were organization militants is a forced interpretation and an effort to protect the military personnel," he said.

"Providing legal immunity to law enforcement"

Asking, "What are the military personnel protecting and defending in a location where there are women, children, and civilians and where there is no armed conflict or organization members?" Lawyer İnce stated, "Unfortunately, law enforcement personnel are provided with legal immunity in crimes against civilians. Doesn't the Ministry of Justice, which should be at the forefront of combating impunity, providing false information in the file, indicate support for impunity?"

Commander's defense: "His son is in prison"

Pointing out that there was no impartial and effective investigation and prosecution process in the file, Lawyer İnce said, "A woman is murdered, and no examination is even conducted at the scene of the incident. The defendant is released without being heard by the court. The personnel who opened the safety of the weapon on the armored vehicle and the station commander who gave the order, who later said 'his son is already in prison for being a member of the organization,' are not being investigated."

"Indicates deliberate act"

"The statement of the station commander and firing from 20 meters away where there are children, civilians, and no conflict clearly indicates that this incident was deliberate. The station commander who gave the order to fire, the personnel who opened the weapon's safety, and all personnel who should have been defendants in the file are unfortunately treated as witnesses. It is impossible to speak of an impartial and effective investigation and prosecution in terms of law and conscience. The prosecution and the court were not concerned with revealing the material truth. That's exactly what they did."

"Rewarding the perpetrator, revealing impunity"

Stating that ensuring the safety of individuals is the duty of security forces, and acting without regard for the lives of civilian people 20-30 meters away and the resulting murder of a mother is morally and legally unacceptable, Lawyer İnce said:

"Therefore, the fact that no investigation was conducted against other personnel and that a verdict of 'conscious negligence' was issued against the defendant Ali Dalgıran rewards the perpetrator and results in impunity."

Civilian deaths and chain of impunity

Pointing out that many people have been killed in Hakkari after his mother, Lawyer İnce said, "Impunity decisions are made in courtrooms, and such incidents become an ongoing chain. Everyone knows that such sentences, like a reward given to the defendants, invite further deaths. The fact that impunity is reached to this extent is appalling, even in the face of serious crimes such as the violation of the right to life. Courts must now set aside trials under the title of 'military and police do not kill civilians' and punish the perpetrators."

(NT/PE)