Legislation, Practice, and State Tradition in Impunity

The first title of "No Impunity" forum organized by bianet, Memory Center, Initative against Thought Crime, Transparency Association and İstanbul Bilgi University was "legislation, practice, and state tradition".

At the forum moderated by Prof. Dr. Osman Doğru from Marmara University, judge Muzaffer Şakar expressed issue in legislation that cause impunity.

Prof. Doğru: Impunity emerges in case you don't abide by ECHR principles

"European Court of Human Rights (ECHR) has principles as to how to investigate torture or ill treatment. Impunity emerges when these principles are contradicted.

Initial principle is that when an unverified information of [violation of] right to live or torture is received, an investigation must be launched without waiting for a complaint. If you don't launch an investigation, there won't be even impunity.

Secondly, the investigation must be conducted by independent or impartial institutes. Institutional or hierarchical independence and impartialness is not sufficient, prosecutors should also view themselves as independent. Official reports made by law enforcers shouldn't be trusted without further examination. If you don't collect evidence, perform autopsy, or easily convinced of statements like 'he/she committed suicide in custody', then impunity emerges.

Thirdly, the investigation must be conducted in a reasonable speed and caution. Otherwise, it drops due to prescription.

Finally, it is required to share the results with victim or relatives of the victim. Otherwise, their objection wouldn't be possible if you don't inform them".

Şakar: We don't live in a country in which we can trust in law

In the last 15 years, a lot of laws have changed. Unjudged groups, and even the ones judged them have been tried. We don't have a legislation issue or a jurisdiction tradition.

We had actually postponed the impunity issue to the end of revolution. We would have brought to book after revolution. However we moved it to earlier in the last 15 years. We said to state, "you made an agreement, now pull your weight".

The political power hearing this said 'I will bring to book, and punish them all'. That was a very exciting period.

Nevertheless, we were told recently that all those trials were a setup. We saw that the figures called here as defendant have become witnesses, and finally they will be the victims.

We are also fine with that but if he didn't kill those people as in Temizöz trial, if he is the victim, then they should tell who killed those 21 people.

Our mistake was this; why would a state that doesn't launch a probe into Roboski or a jurisdiction that doesn't maintain a fair trial for Hrant Dink, respond to a victimization which we faced 20 years ago? We don't live in a country in which we can expect justice from government or trust in law. Justice is not something you can demand here but get by force.

No Impunity Forum will continue with the title "Non-state players and social structure". (EA/TK)

Click here to read the article in Turkish