Decision in Manisa Children Torture Case
Most of the tortured teenagers were high school students at the time of the events.
Head of the Manisa Bar Association Serhan Ozbek: "If the Supreme Court of Appeals does not approve the decision, the police officers could be cleared," due to the superannuating of the trial.
This trial was the fourth trial of the police officers. They were acquitted in the first two trials on a lack of evidence but were convicted in the third one, resulting in the punishment upheld on Wednesday.
Teenagers' lawyer Serhan Ozbek, who is the head of the Manisa Bar Association, said that the notification and appeals procedure should be completed urgently. If not, the case will superannuate.
"The case is not over yet," Ozbek said.
The time for the trial, which has been going on for seven years, will be up in June 2003.
The teenagers were arrested in 1995 for putting up leftist posters on the walls in the western city of Manisa. Their ages ranged from 14 to 18. Defense lawyers said their clients were stripped naked, beaten, subjected to electric shocks, hosed down with pressurized water and sexually abused.
The teenagers were convicted and sentenced last year for membership in leftist organizations. However, the conviction was overturn by an appeals court, which said their confessions were extracted under torture.
The Justice Ministry had urged the conclusion of the trial. The European Commission had included the Manisa case in its progress report for Turkey. The case has been closely watched by the European Union, which wants Turkey to show more commitment to human rights. The Manisa Case is the first trial in Turkey where the defendants are penalized for torture, which did not lead to any deaths.
Six defendants did not attend the hearing
Levent Ozvez, Musa Gecer, Ramazan Kolat and police chief Halil Emir attended the hearing on Wednesday. Six defendants were not present.
The Manisa court sentenced Levent Ozvez to 120 months in prison for torturing 12 teenagers. Turgut Demirel was sentenced to 60 months in prison for torturing six, Engin Erdogan, Fevzi Aydoga, Musa Gecer, Ramazan Kolat and Mehmet Emin Dal were sentenced to 110 months for torturing 11, Turgut Ozcan was sentenced to 70 months for torturing seven, Atilla Gurbuz was sentenced to 100 months for torturing ten, and police chief Halil Emir was 130 months for torturing 13 teenagers.
The case started in 1995
The 16 teenagers were detained on December 26, 1995. Legal actions were brought against ten policemen at a Manisa court, for charges of torturing the teenagers. The court acquitted the policemen.
The Supreme Court of Appeals overturned the Manisa court's decision on grounds that "all the victims were subject to physical and psychological torture" while under detention. The local court reconsidered the case and acquitted the police for the second time.
At the case overturned by the Supreme Court of Appeals, 10 police officers were sentenced to one to five years in prison. The Supreme Court of Appeals also overturned this decision on grounds that the police officers were not granted "the last right to defend them."
The risk of superannuating continues
Reminding that the appeals process had not been completed, Ozbek stressed that the risk of superannuating still applied:
"The case is not over yet," said Ozbek. "There is a ruling now for a case that has been going on for seven years. We are not underestimating this ruling. But the defendants have the right to appeal and they probably will; which means: They will try to extend the appeals process the same way they extended the trial up to today by playing legal tricks. If the case does not end by June 2003, the trial will superannuate."
Reminding that the Manisa torture case was reflected on EU commission's progress report on Turkey, Ozbek said that Turkey and the EU should handle the administrative and legal facts about this reflection objectively. (BB)