Human Rights and Protection of Lawyers | TÜRKIYE

Joint Statement - Case Concerning the Killing of Tahir Elçi and Lack of Effective Investigation into his Death

The undersigned organisations have been following recent developments in the case involving the prosecution of police officers allegedly involved in the killing of human rights lawyer Tahir Elçi in November 2015. We are concerned that the prosecution, as well as the court before which this case is being heard, fails to respect fair trial rights. We are further troubled by the Turkish authorities’ continued violation of Turkey’s international legal obligations to carry out a prompt, effective, impartial, and independent investigation into the death of one of its citizens and to ensure a fair trial by an impartial and independent tribunal for those accused of the killing of Tahir Elçi. The first hearing in this case, as described below, raises significant doubts that proceedings will be independent, impartial, and capable of establishing the facts and truth around the killing of Mr. Elçi and holding accountable those responsible for that killing, in accordance with international law binding on Turkey, as well as the 2016 United Nations (UN) Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (Minnesota Protocol) on the Investigation of Potentially Unlawful Death. 

We are also concerned that the rights of the family of Tahir Elçi have not been respected during the criminal proceedings, as required by the Turkish Code of Criminal Procedure. Mr. Elçi’s family members have not been assured of their right to full and effective remedies and a fair trial, as guaranteed by Turkey’s international obligations, including access to justice and reparations as set out in the Minnesota Protocol.

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A Call to the Turkish Authorities

This was the first hearing in what may be a protracted trial of the police officers accused of the homicide of Tahir Elçi. We call on the Turkish authorities to ensure that:

  1. The case is heard by an independent, impartial, and competent court that is capable of establishing the facts and truth around the killing of Mr. Elçi;
  2. All future hearings comply with international standards regarding the right to a fair trial, in which the victims’ rights are also recognised;
  3. The hostile attitude from the court towards the Elçi family and their lawyers and the court’s persistent refusal to follow the rules of procedure and principles of both domestic and international law are not repeated in future hearings;
  4. The lawyers for the Elçi family are given reasonable opportunities to be heard and to make their applications in relation to the procedure and the evidence;
  5.  Where submissions are refused, reasons for refusal are given in accordance with the case law of the ECtHR;
  6. Following a fair judicial procedure, those who are responsible for Mr. Elçi’s killing are held accountable and serve sentences appropriate to the gravity of the crime committed; and
  7.  Mr. Elçi’s family is provided with appropriate redress for the violations they and their loved one have suffered in accordance with the international obligations of Turkey and the Minnesota Protocol.