Appeal against non-prosecution of Garibe Gezer’s claims of rape, torture in prison

* Photo: MA

Click to read the article in Turkish

Having announced that she was sexually assaulted and tortured by wardens in Kocaeli Kandıra Type F Closed Prison, Garibe Gezer suspiciously lost her life in an alleged suicide on December 9, 2021.

As a decision of non-prosecution has recently been given for the investigation into the allegations of torture and rape, the lawyers of Gezer have lodged an appeal against the decision before the Kandıra Chief Public Prosecutor's Office in Turkey's western province of Kocaeli.

The lawyers previously filed a criminal complaint against the prison personnel on charges of "aggravated sexual assault", "overstepping the authority of using force" and "neglect of duty" and against medical doctor İsmail Ülker on charge of "misconduct in office."

However, this complaint has ended in non-prosecution. Lawyers Eren Keskin, Jiyan Kaya and Jiyan Tosun applied to the Kandıra Chief Public Prosecutor's Office on January 5 and lodged an appeal.

As reported by Mezopotamya Agency (MA), in their petition, the lawyers have underlined that the decision of 'There is no ground for prosecution' is "extremely problematic". The petition has recalled that "following the criminal complaint about torture and sexual assault, the prosecutor's office did not even take the statement of Gezer when she was still alive."

Noting that she was only referred to the Kocaeli Forensic Medicine Institution afterwards and a report was issued as part of the file on November 9, 2021, the lawyers have noted that in the related report, it was indicated that Garibe Gezer should be referred to the 2nd Specialized Committee of the Forensic Medicine Institution for a detailed examination.

Referring to the report issued by the Kocaeli Forensic Medicine Institution and signed by specialist doctor Semih Yıldırım, the lawyers have underlined that in the report, "Garibe Gezer talked about all complaints mentioned by the lawyers in their petition of criminal complaint and she recounted the acts of torture and rape in an extremely clear sentences."

"However, the prosecutor did not take the content of the related report into consideration," the petition has noted in reference to the decision of non-prosecution given by the prosecutor's office for the file.

What happened?

Systematically tortured and sexually assaulted in the Kandıra No. 1 Type F High Security Prison in western Turkey, prisoner Garibe Gezer suspiciously lost her life. Informing her family about her death, the prison administration alleged that Gezer had taken her own life.

Gezer's lawyer and Human Rights Association (İHD) Co-Chair Eren Keskin announced Gezer's passing on her Twitter account:

"We have just been informed that our client Garibe Gezer committed suicide in Kandıra prison. She was a victim of torture.

"She was given a penalty of solitary confinement. The prison director called her elder sister and we have unfortunately lost our Garibe. Lawyer Jiyan Tosun and lawyer Jiyan Kara are now going to her."

Further in her message, lawyer Eren Keskin noted that Garibe Gezer was in solitary confinement as a disciplinary punishment and asked, "How could a person in a cell hang herself? Shame on you!"

Eren Keskin later wrote that the lawyers went to Kandıra Prison to take the camera footage showing Garibe Gezer's moment of death and to meet the prison administration. However, Gezer's deceased body had been taken to the Kocaeli Forensic Medicine Institution in the meantime and an autopsy was carried out without waiting for the lawyers to arrive. The cause of death had not been indicated in the preliminary autopsy report.

Gezer was laid to rest in Mardin's Dargeçit in Turkey's Kurdish-majority southeast on December 10, 2021. (EMK/SD)