Diyarbakır, Turkey – The murder trial of Tahir Elçi, a prominent Kurdish human rights lawyer and then president of the Diyarbakir Bar Association, who was shot dead in November 2015, is now overshadowed by serious allegations of impunity, prosecutorial misconduct and torture of witnesses.
Background: Elçi, then president of the Diyarbakir Bar Association, was known for his advocacy of peace and human rights. A campaign of intimidation began against him following his comments on a television programme in which he stated that the Kurdistan Workers’ Party (PKK) was not a terrorist organisation but an armed political movement with popular support.
In the weeks before his murder, he was vilified, detained and subjected to a bogus prosecution. He also received several death threats, which he spoke openly about, but the authorities took no action to protect him. Shortly before he was killed, Tahir Elçi told the press: “We don’t want weapons, clashes or [police] operations here. His murder not only silenced a powerful voice for peace, but also deepened the human rights crisis in south-east Turkey.
The Trial’s Shadows: Despite years of delay, the trial of three police officers and an alleged PKK militant began in 2020, under a cloud of controversy. The charges of ‘causing death by culpable negligence’ have been criticized for their leniency and the apparent reluctance to thoroughly investigate state actors’ roles.
Allegations of Manipulating the Forensic Evidence: In a shocking revelation, it emerged in 2019 that critical DNA evidence that could have identified Elçi’s killer was deliberately destroyed. Reports suggest that this key forensic evidence was removed from the investigation file and the national judicial database on the orders of high-ranking officials, raising serious questions about the integrity of the investigation and the concealment of the truth.
Allegations of Torture and Coercion: In the last two hearings of the case, witnesses have come forward with harrowing accounts of torture and threats by security forces and prosecutors, aimed at pinning Elçi’s murder on the PKK. The treatment of Deniz Ataş and Ekrem Özgün, who reported being tortured to extract false testimonies, has sparked outrage and highlighted the lengths to which some officials will go to manipulate the case’s outcome. What is more worrying about these allegations is a prosecutor’s involvement in torture and threats of execution againts witnesses.
Judicial Corruption and Impunity: The Council of Judges and Prosecutors’ decision to dismiss complaints against the implicated prosecutors, without thorough investigation, exemplifies the deep-rooted impunity within Turkey’s judicial system. Furthermore, the promotion of these prosecutors raises serious concerns about the message it sends regarding accountability for prosecutorial misconduct. Moreover, the prosecutors accused of these grave injustices were subsequently promoted, highlighting a troubling pattern of rewarding rather than punishing misconduct within the justice system. The refusal of the Diyarbakır 10th High Criminal Court to file criminal complaints against the prosecutor based on the lack of “concrete information” despite the detailed accounts of torture and coercion, underscores a blatant disregard for justice and the principles of a fair trial.
The Path Forward: This case has not only domestic but also international implications as it tests Turkey’s commitment to human rights and judicial integrity. The blatant disregard for fair trial principles, as evidenced by the torture of witnesses and prosecutorial misconduct, has also raised concern among the international community and human rights organisations. The Amsterdam-based human rights organisation Lawyers for Lawyers, which was represented at two hearings in the case, issued a statement saying:
In a statement Lawyers for Lawyers said:
The trial itself has been fraught with setbacks, including the court’s reluctance to call key witnesses and its dismissal of crucial evidence, such as tampered CCTV footage. This pattern raises serious questions about the judiciary’s impartiality, especially within Türkiye’s current political climate, characterized by the erosion of the rule of law.
Lawyers for Lawyers underscores the broader implications of such injustices, pointing to the chilling effect on legal professionals and the erosion of the right to a fair trial. Türkiye’s crackdown on lawyers, with hundreds prosecuted under vague charges of terrorism, threatens the very foundation of justice and undermines lawyers’ ability to defend human rights.
In light of these concerns, Lawyers for Lawyers calls on Turkish authorities to ensure that the trial adheres to international standards of fairness and transparency. Justice for Tahir Elçi is not only a matter of accountability but also a litmus test for Türkiye’s commitment to upholding the rule of law and protecting human rights.
Categories: Situation in Turkey, Turkey Human Rights Blog