MEDİNE MAMEDOĞLU

Şırnex -On the night of December 28, 2011, the Turkish Armed Forces bombed the villagers crossing the Iraqi border. 34 citizens, including 17 children, were killed in the bombardment. 10 years have passed since the massacre took place. Although 10 years have passed, all applications of the families of 34 people to the Turkish courts have been rejected and no judicial or administrative investigation has been launched against none of the public officials. The families of 34 persons applied to the European Court of Human Rights; however, the court issued an inadmissibility decision regarding the application concerning the Roboski massacre on the grounds that domestic remedies had not been exhausted. Then, the families brought the case before the Turkish Constitutional Court. The lawyers of the families are waiting for a response from the court now.

As part of the investigations launched after the massacre, three separate legal processes were initiated regarding the Roboski massacre: criminal, administrative, and legislative. The most detailed investigation among these processes was the administrative investigation. At that time, the Civil Inspection Board of the Ministry of Interior appointed three rapporteurs to determine the possible responsibility of public officials in the incident. In February 2012, the rapporteurs released a report suggesting that many public officials should be investigated. Despite the report, none of the public officials has been tried for 10 years.

“There had been no deliberate intent”

During that time, a special investigative commission was established at the Turkish Grand National Assembly to investigate the Roboski massacre. However, the commission prepared a report and claimed that there had been no deliberate intent by the officials involved.

The prosecutor conducting the investigation was dismissed after the coup in Turkey

Finally, a criminal investigation was carried out regarding the massacre. First, the Uludere Prosecutor's Office sent the case to the Diyarbakır Prosecutor's Office, and the Diyarbakır Prosecutor's Office sent the case to Malatya Prosecutor's Office. Malatya Second Army Prosecutor's Office reported the case to the Turkish General Staff Prosecutor's Office. The investigation was carried out by General Staff Military Prosecutor Ali Müjdat Eski, who was dismissed after the 15^th July coup attempt in Turkey.

The initiated criminal investigation resulted in non-jurisdiction

The General Staff Prosecutor's Office decided not to prosecute the case further in January 2014 on the ground that the authorized soldiers had made an inevitable mistake regarding terrorist activity and ordered the bombardment. After this decision, the lawyers of the families applied to the Air Force Commander’s Military Court against the decision; however, the court rejected the objection on similar grounds.

European Court rejected the application

After the decision of non-jurisdiction, the families of 40 citizens, including the injured ones, applied to the European Court of Human Rights. Kerem Altıparmak, one of the lawyers of the families, told us that the court issued an inadmissibility decision regarding the application concerning the Roboski massacre on the grounds that domestic remedies had not been exhausted although the Constitutional Court had decided to reject the application with a majority of votes on the ground that some deficiencies in the case were not completed after one and a half years.

“Families demanded a re-investigation”

Pointing out that although 10 years have passed since the Roboski massacre, none of the public officials has been tried, Kerem Altıparmak said, “After the decision of the European Court, the lawyers of the families applied to the Diyarbakır Chief Public Prosecutor's Office and demanded the re-investigation of the massacre.”

Lawyers applied to the Constitutional Court again

Kerem Altıparmak shared the following information about the legal process after the families' application: “The families’ application was first sent to the Uludere and then to the Şırnak Chief Public Prosecutor's Office. The application in 2019 was rejected on the grounds that it did not contain any new evidence that would necessitate a re-investigation regarding the incident because the application of the lawyers had previously been decided not to prosecute. After this decision, the lawyers applied to the Şırnak Peace Court of Criminal Jurisdiction, and this application was also rejected in April 2021. The lawyers, emphasizing that the new evidence is so serious and it should be investigated again, applied to the Constitutional Court again. The lawyers wait for the decision of the court. The Constitutional Court has the opportunity to end this great injustice after ten years.”

Tomorrow: Roboski: Endless mourning in the village where 34 people were killed