AMED – A non-prosecution decision has been issued in the investigation into the exposure of the naked bodies of two women by soldiers and police during the curfew declared in Cizîr (Cizre).
On February 10–11, 2016, during the ongoing curfew in Cizîr, Şirnex (Şırnak), photos of the naked bodies of two women were shared through social media accounts allegedly used by members of the military and police. The photos showed signs of torture on the women’s bodies, prompting Amed (Diyarbakır) Bar Association to take legal action following public outrage.
BAR ASSOCIATION FILED CRIMINAL COMPLAINT
The Bar Association filed a criminal complaint to the Cizre Chief Public Prosecutor’s Office regarding the public display and torture of the women’s bodies. The complaint stated: “The fight against crime and violence must be conducted within legal frameworks and in accordance with the rule of law. Particularly in the context of the Kurdish issue, similar unlawful practices in the 1990s caused deep wounds in society and complicated the resolution process. Although the political authority repeatedly emphasizes that the abuses of the 1990s will not be repeated, the human rights violations in the region in recent months have reached levels that rival those past practices. The inhumane and degrading treatment by the suspects appears to send a message of intimidation to the people of Cizre and to Kurds at large. In order to prevent the recurrence of such incidents, an immediate and thorough investigation must be carried out, and the suspects should be held accountable under the law.”
CLAIM OF ‘NO EVIDENCE’
The criminal complaint, filed under the charge of “insulting the memory of a person,” was concluded after eight years. The prosecutor ruled that there was "no ground for prosecution," claiming that there was "no evidence" in the case despite the existence of photographs. The justification for the non-prosecution decision stated that the suspects had not been identified or apprehended, and that the statute of limitations for the alleged crime was eight years. It noted that this period expired on February 5, 2024, and concluded that “there is no ground for public prosecution against unknown suspects regarding the alleged crime.”
BAR ASSOCIATION APPEALS THE DECISION
The Bar Association appealed the decision to the Cizre Criminal Court of Peace. In its appeal, it emphasized that an effective investigation had not been conducted. The appeal stated that the non-prosecution decision was unlawful, noting: “Despite the time that has passed since the incident, the failure to identify the perpetrators raises concerns about impunity and the cover-up of the incident. Although the decision was made under Article 172 of the Criminal Procedure Code, it contradicts the principle of uncovering material truth as outlined in ECHR case law and Turkish procedural law. We request that the investigation be deepened, including a renewed examination of surveillance footage from the scene, collection of witness statements, and, if necessary, forensic medical analysis.”
MA / Rukiye Payiz Adıgüzel