Ankara Bar Association compiled a joint study report on seven people who became victims of enforced disappearance in 2019. The report was sent to the Ankara Chief Public Prosecutor’s office, along with a criminal complaint.
Mustafa Yılmaz, Salim Zeybek, Özgür Kaya, Gökhan Türkmen, Erkan Irmak, Yasin Ugan and Yusuf Bilge Tunç were abducted by men with black transporter vans in 2019. Four of them were handed over to the Ankara Police Department after being tortured for six months. The two were similarly given to the police in the 9th month — no word from Yusuf Bilge Tunç.
Many claimed that these people were abducted by government officials and tortured in the area called “Çiftlik (Ranch),” which belongs to the Special Operations Directorate of the National Intelligence Organization. Among them, Salim Zeybek was abducted in front of his wife, Betül Zeybek, and his children. However, the criminal complaints made by neither the Zeybek family nor other families have been adequately pursued by the prosecutors.
Report on enforced disappearances
Ankara Bar Association, Human Rights Center, crafted a report on the issue and filed a criminal complaint with the Ankara Chief Public Prosecutor’s Office.
In the criminal complaint, the studies conducted as a result of the application of the relatives of the abducted were elaborated and following the issuing of the Joint Monitoring Report, it was stated that with the decision of the Ankara Bar Board of Directors dated 05/02/2020, numbered 77/28, it was decided to convey the denouncement to the Ankara Chief Public Prosecutor’s Office.
The criminal complaint stated the following:
“As a result of the researches and evaluations made by Ankara Bar Association Human Rights Center on the alleged enforced disappearances; as applicant Nuray TUNÇ’s husband Yusuf Bilge TUNÇ’s whereabouts are still unknown, an investigation that complies with international standards regarding her complaint needs to be carried out without delay. In terms of other applications, whose relatives have been enforced disappearances for at least five and maximum nine months, and which appeared in the police after the applications, it was determined that the suspected were deprived of the following: rights in the light of the state’s obligation to protect the right to life-related to enforced disappearance and to conduct an effective investigation, the right of everyone accused of crime to have a one-to-one meeting with their lawyers, the right to benefit from the assistance of the advocate of their choice, the right to appear before the judge immediately and the liabilities of the person whose freedom is restricted, having investigations open to public supervision and no investigation was carried out in which victims’ relatives participated in the process.”
In the criminal complaint, which stated that allegations of violations of rights were not duly carried out following the universal standards on rule of law, lawyers demanded from prosecution to deepen the investigation.
“For the reasons explained above and to be considered as ex-officio; We kindly request you to initiate a criminal case against the suspects to be detected in the light of the minutes, reports and documents obtained regarding the allegations of enforced disappearances as a result of the applications received by the Ankara Bar Association.”
The report includes considerations about the relatives’ statements of the abductees and the documents they provided.
The members of the Human Rights Center of the Bar Association went to meet with Erkan Irmak, Yasin Ugan, Özgür Kaya and Salim Zeybek in Sincan No.1 F Type Prison on August 27, 2019, only to be informed that the prisoners did not want to meet lawyers, and they only met Salim Zeybek. However, the minutes of their meeting with Zeybek were taken away from the lawyers forcefully, and the lawyers were subjected to insults and threats by the prison officials.
Pointing out to the denial of the right to a lawyer to the detainees by the authorities, it was emphasized in the report that the missing persons showed up in police custody in the same way, gave the same statements, had the same physical signs (weakening, distraction, etc.)
The report read that six people have never been able to meet with their families or lawyers alone and that there is a government official in all the meetings, so they have not had the opportunity to explain the torture or violations of their rights.
In the report, while emphasizing the right to hire a lawyer, it was mentioned that the family of the six people refused their lawyers, the impression that this was done as a result of pressure, and the circumstances regarding the lawyers sent to them were suspicious.
In the report, it read that probes into enforced disappearances, and the cases over which victims face trial must be separated: “The probes into the enforced disappearances must be separated from the probes into the alleged criminal acts of the victims. It is paramount that information regarding the probe into enforced disappearances, which are not dangerous to share, disclosed. The family must be notified regarding the development of the case, ensuring their participation in the process.”