12 HPG members were killed in a house raid by the special operations units in Van’s Edremit district on January 10, 2016 with the state forces claiming a clash had broken out.

The fact that the 12 people, ages ranging from 15 to 18, were shot in their heads had brought up a suspicion of execution. A secrecy decree was issued on the case file and the evidence had been tampered with.

NGOs and lawyers had carried out a search in the premises three days after the incident and had reached evidence and witnesses that strengthened the suspicion of execution.

Despite the passing time, the preliminary autopsy report that should have been available before the bodies were buried still can’t be reached. The investigation is not moving forward due to the secrecy decree on the casefile.

Mesopotamia Lawyers Association (MHD) member Lawyer Cemal Demir spoke to the ANF and stating that they had visited the house for an investigation of their own when the suspicion of execution arose, said: “There was evidence of an execution that we uncovered by our own means. The statements of neighbors I can’t name right now, the bullet entry and exit holes in the house, blood stains on the beds and other suspicious circumstances led us to suspect an execution.”

“WE CAN’T REACH THE CASE FILE”

Demir pointed out that a secrecy decree was issued on the case file investigated by the prosecutor’s office citing the Article 153 of the Turkish Penal Code. Demir stated that the case file was not available to the lawyers following the decree and said: “The house and its surroundings were declared off limits despite the event had passed. Nobody was allowed through. Even the relatives of the people who were killed were not allowed to investigate the scene. Three days after the incident, we as the Human Rights Association, Van Bar Association, Mazlum-Der and MHD went to the scene and conducted a scene investigation. We couldn’t publish a repot after this investigation as there is a decree of secrecy on the case file.”

“WE CAN’T REACH THE PRELIMINARY AUTOPSY REPORT”

Demir emphasized that the preliminary autopsy report was the most important document in the suspicion of execution and said that this document was yet to be made available. Stating that the autopsy report is not covered in the case file restrictions, Demir said: “These documents are exceptions, because they are expert reports. They should have given the report to us as it is a document that requires expertise. The document has been kept from us to this day unlawfully. The reports are also delayed when the autopsy report doesn’t arrive. The public can’t be informed due to the restrictions and it looks like they will try to close the case.”

“THERE IS AN ARBITRARY APPROACH”

Demir stated that the lawyers were kept from accessing the documents, citing the decree of secrecy and that this was an arbitrary and unlawful situation. “We haven’t made a final decision on what can be done on this matter. We are following the situation. There is nothing about these events that have anything to do with the law. They are showing an arbitrary approach. Normally, we were able to access the autopsy report with the power of attorney. This access was barred in the last process. We will make a decision on how to proceed and we will try every legal way available.”