ECHR convicts Turkey on “Operation Back to Life”
ECHR convicts Turkey on “Operation Back to Life”
ECHR convicts Turkey on “Operation Back to Life”
The European Court of Human Rights issued a verdict on Leyla Alp and others vs Turkey, a case brought to ECHR by 20 female prisoners related to the “Operation Back to Life” in Çanakkale Prison in October 2000. In their complaint, the prisoners stated that they had sustained injuries and that the operation had featured an excessive and disproportionate use of force.
Between 19 and 22 December 2000 Turkish security forces launched operations on some 20 prisons across the country, a series of raids publicly known as Operation "Back-to-life". Violent clashes occurred during the operation which left 4 inmates and 1 gendarmerie soldier dead.Inmates Sultan Sarı, Fahri Sarı, Fidan Kalsen and İlker Babacan died of gendarmerie shooting, gas bombs and fire. The deceased gendarmerie soldier was identified as Mustafa Mutlu.
Following the operation, Çanakkale High Criminal Court launched investigations in 154 inmates and 563 gendarmerie soldiers. While gendarmeries accused three inmates, inmates accused gendarmerie soldiers of “killing a soldier”, “forcing to suicide”, “carrying explosives” and “rebelling against prison authorities”.
In 2008, statute of limitations was issued on inmates.
Gendarmeries, on the other hand, were acquitted for lack of evidence.
On December 12, 2012, Supreme Court of Appeals 9th Penal Chamber approved the acquittals.
“The verdict was issued not because it wasn’t obvious that defendants weren’t culpable. It was because it was legally available,” the verdict said.
It also underlined that the operation was held to suppress a rebellion initiated by inmates. Inmates Leyla Alp, Gülay İncesu, Sakine Çakmak, Sakine Işık, Aysel Sürücü, Ayşe Cabadak, Meral Kıdır, Duriye Demir, Nazmiye Köle, Ünzile Karabük, Hülya Aydoğan, Meral Kaşoturacak, Birgül İbiş, Filiz Uyan, Fidan Yıldırım, Türkan İpek, Safiye Sel, Süreyya Bulut, Berna Ünsal and Elif Yaş applied to ECHR, saying that the gendarmerie used excessive force.
In Tuesday's verdict, the ECHR found that Turkey had violated procedural elements of Article 2 (Right to life) and Article 3 (Prohibition of torture) of the European Convention on Human Rights (Convention) in the cases of six of the applicants, and ordered the applicants to pay a sum of 36,200 euros.
Applicant Meral Kıdır will receive 8,000 euros, while other applicants Leyla Alp, Süreyya Bulut, Elif Yaş, Filiz Uyan and Gülay İncesu will receive 5,000 euros each for non-pecuniary damages.
Turkey will also pay six awarde applicants 3,200 euros for court expenses.
Previously, ECHR convicted Turkey several times related to “Operation Back to Life”.