The defendant of Vartinis massacre case still a ‘fugitive’

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No progress has been made in the trial over the Vartinis massacre despite the risk of expiry of statutory limitations.

At the hearing of the retrial held by the Kırıkkale 1st High Criminal Court yesterday (November 4), the court board adjourned the hearing until a later date after hearing the statements of the complainants.

The next hearing is scheduled for December 9.

CLICK - First arrest warrant in the Vartinis Massacre case

Nine people, including seven children, were burned to death in Vartinis (Altınova) town in Turkey's Kurdish-majority eastern province of Muş in 1993, which has come to be known as the Vartinis Massacre.

In the retrial over the Vartinis Massacre, the Kırıkkale 1st High Criminal Court has ruled that Bülent Karaoğlu, the then Hasköy Gendarmerie Commander and the only defendant of the case, shall be arrested. However, the arrest warrant has not yet been executed since then.

Speaking to bianet, Kadir Karaçelik, the lawyer of the aggrieved party, said that if no final ruling was given by October 3, 2023, the charges might be dropped due to the expiry of statutory limitations.

"However, after the arrest warrant is executed, we expect that the process of trial will speed up and the ruling will be handed down in a few hearings. When the case is brought to the Court of Cassation, a ruling may be given quickly as the file was legally examined before," he added.

Even defendant's lawyer not present at court

As reported by Mezopotamya Agency (MA), the relatives of the deceased, Aysel Öğüt, Abdullah Öğüt, Nurullah Öğüt, Murat Öğüt, and their lawyer Fuat Özgür attended the hearing yesterday. While defendant Karaoğlu is still a fugitive, his lawyer did not attend the hearing by offering an excuse.

In their statements before the judge, Abdullah Öğüt and Murat Öğüt demanded the arrest of the defendant as soon as possible.

Aysel Öğüt also demanded that the defendant be penalized as soon as possible: "He has not been arrested for so many months. Why? The judiciary has given its decision. You have given your decision. Why isn't he arrested? I want him to be arrested in the shortest possible time."

'It took us 28 years to prove he is a murderer'

Emphasizing that the defendant should be caught as soon as possible, Nurullah Öğüt said, "It took us 28 years to prove that the defendant is a murderer. I request that the defendant be given the sentence he is supposed to be given and the trial be ended. I want his property to be seized. The state has not helped us, the Öğüt family, who has been left alone; half of the courtroom was filled with police officers. They regarded us as terrorists. We had been oppressed for 28 years; they made us even sadder. I request that the defendant be penalized and the trial be ended."

'Trial continues as the defendant wishes'

Lawyer Fuat Özgür stated that the trial was held very ineffectively for 28 years and raised concerns about impunity in his statement:

"The entire judicial process is being held in the way the defendant wishes. Following the reversal of the Court of Cassation, your court scheduled the hearing for six months later. While the expiry of statutory limitations is apparent in the file, extending this process is aggrieving my clients further."

The lawyer requested that a writ should be addressed to the General Directorate of Security so that the defendant could be effectively searched via the Interpol. "It will be shameful for a state of law if a file involving the murder of nine people drops due to statutory limitations," he added.

The Presiding Judge stated that defendant Bülent Karaoğlu had not yet been caught and the arrest warrant issued against him was still in effect. The Judge adjourned the hearing until December 9, 2021.

What happened?

The Chief Public Prosecutor's Office of the Court of Cassation indicated that there was no effective investigation or prosecution and demanded that a retrial be held in the Vartinis massacre case.

CLICK - State Officials Charged with Burning 9 People Acquitted

On October 2, 1993, nine people living in Vartinis village of Korkut district in Turkey's eastern province of Muş were burned to death in their house. The youngest of them was 14 years old:

Mehmet Nasir Öğüt, Eşref Oran, Sevda Öğüt, Sevim Öğüt, Mehmet Şakir Öğüt, Mehmet Şirin Öğüt, Aycan Öğüt, Cihan Öğüt and Cinal Öğüt.

At the final hearing of the case at the Kırıkkale Heavy Penal Court on March 1, 2016, all defendants were acquitted due to "lack of evidence."

CLICK - 'I've been Waiting for This Day for 23 Years'

'People prevented from putting out the fire'

The 1st Penal Chamber of the Court of Cassation has upheld the acquittal of all defendants, except for that of District Gendarmerie Commander Bülent Karaoğlu. The Chamber has concluded that Karaoğlu was responsible for the incident and overturned the acquittal.

The ruling of the Penal Chamber has indicated that while Karaoğlu was passing through Vartinis, he addressed the villagers and said, "We will come tonight and burn down your village."

The ruling also said that "at the night of October 3, at around 3 a.m., hundreds of soldiers came to the town as part of the operation and the haylofts, haystacks, barns, animals and several houses as well as the house of Nasır Öğüt were set on fire during the operation."

Noting that the ones who were at home at the moment of the incident were burned to death in the ensuing fire, the 1st Penal Chamber of the Court of Cassation said, "It is understood that the townspeople who wanted to intervene to put out the fire were not allowed by soldiers."

The ruling of the 1st Penal Chamber of the Court of Cassation has briefly explained Karaoğlu's responsibility in the massacre as follows:

"It is understood that the defendant, who was on duty as the Hasköy District Gendarmerie Company Commander, participated in the operation, as indicated in the witness statements; it is unimaginable that he would not participate in such an operation within his jurisdiction, considering that he was the District Gendarmerie Commander; given that the defendant was the most senior officer in the operation and given his remarks after the non-commissioned officer was martyred, it is understood that the fire occurred upon his order and instruction..."

Rhe 1st Penal Chamber of the Court of Cassation has concluded that the acquittal of the defendant is against the law as it was not considered necessary to hold him responsible and penalize him for the fire.

Karaoğlu will stand trial again on charge of "solicitation to aggravated murder." If the Kırıkkale Heavy Penal Court does not defy the ruling of the Court of Cassation, the trial will be held again. (AS/SD)