No Public Official Who Commits Torture or Ill-Treatment Can Go Unpunished!

The United Nations Committee Against Torture, in light of the legal issues that arose in Turkey following the events of July 15, questioned the Turkish Government regarding a decision made by the Trabzon Chief Public Prosecutor's Office on January 5, 2017, which ruled that “there is no need for prosecution.” The Committee specifically asked whether public officials who committed acts of torture or ill-treatment under the state of emergency decrees were subjected to criminal sanctions and if a regime of impunity existed in this regard. 

In its defense, the Turkish Government stated that the Prosecutor's Office decision of “no need for prosecution” was annulled following an appeal, and an investigation into the allegations was conducted. Furthermore, the Turkish Government clarified that the provision in Article 9 of Decree Law No. 6564, which states that public officials shall not be held legally, financially, or criminally responsible, applies only to decisions and duties carried out under the decree. It emphasized that the decree does not aim to shield any public official who commits crimes such as torture or ill-treatment from being held accountable. 

The events following the Trabzon Chief Public Prosecutor's decision clearly demonstrate the following: 

* The United Nations Committee Against Torture closely monitors incidents of torture and those responsible for such acts. Therefore, anyone involved in these actions must know that there are authorities observing, recording the injustices, and who will hold them accountable when the time comes. 

* In its defense, the Turkish government essentially abandoned the individuals involved by stating that investigations were being conducted, that they were facing prosecution, and that there was no obstacle to their trial in international courts. The government clarified that the decree did not grant immunity to those who committed acts of torture or ill-treatment. 

* This incident also shows that those who commit acts of torture and ill-treatment, relying on the Erdoğan regime, can still be held accountable and prosecuted while Erdoğan is still in power. Since there is no statute of limitations for torture and ill-treatment, those responsible for these actions will eventually face justice. Hiding behind decrees does not absolve them of the crimes they have committed. 

In conclusion, it can be said that thousands of people who have committed no crime are currently in prison, waiting calmly for the day justice will be served, confident in their innocence. On the other hand, those who used their influence and authority to commit torture and ill-treatment, knowing full well they were committing crimes, should also be prepared for the day when justice is served and they are held accountable for their actions.

Serdar Türkoğlu