ŞIRNEX - The local court's acquittal verdict against the police officer who killed Miraç Miroğlu with an armoured vehicle in Hezex district was overturned by the Court of Appeal. Miroğlu's case will be retried.
Miraç Miroğlu, 7 years old, was riding his bicycle in Turgut Özal neighbourhood of Hezex (İdil) district of Şirnex (Şırnak) province on September 3, 2021 when he was hit by an armoured vehicle.
At the 7th trial of the case against the police officer who hit Miroğlu, on the charge of "reckless killing", the Forensic Medicine Institute (ATK) report was presented to the court and it was claimed that the vehicle was travelling slowly and Miroğlu was at fault. The prosecution also presented its final opinion in this direction and demanded acquittal of the perpetrator, police officer Mehmet Kiraz. The court acquitted Kiraz in accordance with this demand.
After the verdict, the Şirnex and Amed (Diyarbakır) bar associations appealed the verdict to the Court of Appeal. The Court of Appeal overturned the acquittal verdict against Kiraz.
The reasoning of the reversed decision included the following statements: "The defendant is a police officer, the accident subject to trial took place while he was on duty with the vehicle under his direction and management... As it is understood that the prosecution of the defendant for the offence charged against him is subject to the permission of investigation in accordance with the law numbered 4483, the relevant authority should be asked for an investigation permit and the case should be decided to be suspended during this permission, while the establishment of the judgement in writing by continuing the case is contrary to the law and the judgement is reversed in accordance with Article 280/1-f of the Code of Criminal Procedure."
In order for the case to be retried, permission must be granted by the Ministry of Interior. In this context, the date of the hearing is expected to be determined in the coming days.
MA / Zeynep Durgut