İSTANBUL - Critisizing the dismissal of the criminal complaint about Garibe Gezer's death, her lawyer Jiyan Tosun stated that the judiciary covers up the crimes committed by the state.

 

Garibe Gezer, who was subjected to systematic torture and rape by the guards in Kocaeli Kandıra No. 1 Type F Closed Prison, died on December 9, 2021. While a confidentiality decision was issued on the file regarding Gezer's death, her lawyers filed a criminal complaint against the prison authorities on charges of "qualified sexual assault", "torture", "exceeding the authority to use force" and "neglect of duty".

 

Lawyers filed a criminal complaint against the doctor İsmail Ülker, who did not intervene when Gezer died, for "abuse of office". However, the criminal complaints resulted in non-prosecution. The prosecutor claimed that despite Gezer's persistently saying she was raped in her statements and the surveillence videos, there was no rape. The lawyers appealed against the decision of non-prosecution. Drawing attention to the decision of non-prosecution despite the evidence in the file, lawyer Jiyan Tosun said that the crimes committed by the state were covered up by the judiciary.

 

'GEZER'S KILLER IS THE PRISON ADMINISTRATION'

 

Stating that the death of Garibe Gezer is the most obvious example of the cases where the state forces were involved and acquitted, Tosun reminded the statements of many witnesses in the file and the letter Gezer wrote to send to her lawyers and said: "The prison guards were the ones who subjected Gezer to sexual assault. The prison administration ignored it. And the prosecutor's office chooses to believe the guards who say they didn't do it."

 

THERE ARE NO IMAGES FROM THE PADDED CELL

 

Stating that they could only obtained a small footage of the surveillence cameras, Tosun told that the images from the padded cell were buried. All of the evidence were destroyed or buried by the perpetrators. The prosecutor says he doesn't have the authority to demand the footage from the prison administration. This case was built on the statements of the perpetrators.

 

'PROSECUTOR'S OFFICE IS TRYING TO ACQUIT THEMSELVES'

 

Underlining that the statement of Gezer and her letter were ignored, Tosun said: "Again, her phonecall with her brother and the witness statements are being ignored. The only thing in the file is the statements of the prison administration. Eveyrone knows what was done to Garibe including the prosecutors and the judges involved in the case. She told that she was subjected to sexual assault and no investigation was launched into it. The prosecutor's office is obliged to initiate the investigation ex officio, but they made this decision to acquit themselves."

 

STATEMENT OF A MURDERER AND A RAPIST INCLUDED IN THE FILE WHILE GEZER'S STATEMENT WAS IGNORED

 

Stating that the statement of a convict was included in the file, Tosun said: "There is a statement in the file belonging to Durmuş Anuçin. He is in prison since 2002 for 5 murders and one rape. Anuçin said, "I heard about her death from the TV. This is when I figured out the whole thing. She asked me for my sperm. She was appearantly going to use it to frame the prison administration." This horrific statement was included in the file. They used the statement of a murderer and rapist to clear the prison administration. This is unacceptable. The prosecutor's ignored the statements of Garibe herself and put this statement in the file giving it priority. This is how they gave a decision of non prosecution. We went to get the whole file when this decision was given but it was not complete. Most of the footage was missing and there was a broken CD in it. There is a two minute footage of Garibe in the case file while she was being dragged on the floor in the prison corridors. The rest of it was cropped, doctored. They even arranged the camera angle so that Garibe is not in the video. Although both images and statements confirm us, the prosecution makes such a decision. We objected to this decision."

 

 

'THE CRIME IS BEING COVERED UP'

 

Tosun told that both the Kandıra Court and the Kandıra Prison are covering up this crime in collaboration and the crimes committed by the state are always covered up. Underlining that this effort to cover up the crimes committed by law enforcement paves the way for new crimes to be committed, Tosun said: "The trials are based on acquitting state officials. This means they are protected with impunity. This decision is a decision that supports and encourages the oppression regime of the prison administration on persons deprived of their liberty. We objected to the decision, but we appealed to Kandıra again. We will ask the same place and the same people to remove this decision regarding a crime that took place and that everyone is aware of.

 

 

 

MA / Esra Solin Dal