Decision of non-prosecution in the file of the refugee tortured to death 

2022-04-18 12:57:27


	 

	MARDIN - The case of Ridwan Îd Numan El Ehmed, who was killed by soldiers while trying to cross from Northern Syria to the Turkish side in November last year, resulted in non-prosecution in line with the statements of the  police commander who is the suspect of the case.

	 

	On November 27, 2021, Ridwan Îd Numan El Ehmed (34) was caught by the soldiers, trying to cross to the Turkish side with his two friends from the village of Erada in the Zirgan district of Hesekê city in Northern and Eastern Syria. While no statement has been made about El Ehmed, whose body was thrown to the other side of the wall after he was tortured, the criminal complaint his family made to the Mardin Chief Public Prosecutor's Office was closed after being sent from office to office.

	 

	NO SURVEILLENCE CAMERA FOOTAGE

	 

	Examining the criminal complaint filed by the family, the Mardin Chief Public Prosecutor's Office gave a "decision of lack of jurisdiction" and sent the file to the Kızıltepe Public Prosecutor's Office. Kızıltepe Public Prosecutor's Office decided that there was no need to  prosecute regarding the incident. In the reasoning of the prosecutor's decision, prosecutor's office stated that the law enforcement made an investigation and it was determined that there was a surveillence camera footage of the border line however it was deleted after 2 days. The Prosecutor's Office also included the allegation that there were no witnesses to the incident in the Akdoğan Infantry Border Post” and argued that the only evidence was the criminal complaint of the complainants. The Prosecutor's Office decided that there was no need for prosecution in the file on the allegation that no evidence to raise suspicion of crime could be obtained.

	 

	DECISION GIVEN WITH THE COMMANDER'S STATEMENT

	 

	Family lawyer Azad Kaya, who objected to the prosecution's decision not to prosecute, stated that it was clearly seen in the documents that the investigation of the incident was inadequate. Kaya reminded that in the report dated March 8, 2022, it was stated that there were no witnesses to the incident according to the statements of Akdoğan Infantry Border Division Commander Infantry First Lieutenant Adem A.

	 

	Pointing out that Border Police Station Commander Adem A. is among the suspects of the crime, Kaya said that while the commander should be approached with suspicion, making a decision about the file based on the information given by the commander violates the principle of independence and impartiality of the investigation.

	 

	WITNESS WAS NOT HEARD, SOLDIERS WERE NOT IDENTIFIED

	 

	Emphasizing that no research or investigation was carried out to identify the perpetrators, Kaya said: “It is clear which soldier was on watch and which soldier was on patrol on the specified date. Although the watch and patrol schedules are available at the Akdoğan Infantry Border Post, no documents or information regarding this issue were requested. The only thing in the file is the statements of Adem A. who said there were no witnesses to the incident. Stating that the prosecutor's office did not show due diligence and that the witness of the incident, Tamir Hammede, was not even heard, Kaya said, "He was an eyewitness of the incident himself."