Turkey: Demand justice for Ferhat Gerçek

In October 2007 Ferhat Gerçek was left permanently paralysed after being shot in the back by police, following a dispute over the sale of a magazine. Seven police officers face trial, but flaws in the investigation mean that the officer who shot Ferhat Gerçek may evade justice.

Meanwhile, Ferhat Gerçek is being prosecuted in connection with the dispute and if found guilty, could be sentenced to more than 15 years in prison.

Send an appeal to the Turkish authorities now

Background information

Ferhat Gerçek has been charged with ‘breaching the laws on assembly and demonstrations’, ‘resistance to public servants carrying out their duties’, ‘insulting a public servant’, and ‘criminal damage’.

No police officers have been suspended because of their involvement in the incident despite ballistic tests matching the bullet found in Ferhat Gerçek to a police gun. There are also other concerns about the forthcoming trial of Ferhat Gerçek: two members of the public who provided first aid to Ferhat Gerçek after he was shot are also being prosecuted alongside him, and a witness who was due to testify on his behalf has since been prosecuted and may face 15 years in prison. This could discourage any other witnesses from providing testimony on Ferhat Gerçek’s behalf.

Victims of human rights violations in Turkey face an entrenched culture of impunity. Chances of securing justice for victims or their relatives are remote in cases of ill-treatment, torture or unlawful killings by the police or gendarmerie.

There is still no independent body in Turkey which can impartially and effectively investigate human rights violations by state agents, in accordance with international human rights standards. The criminal justice system is not only overburdened but also appears more interested in protecting the state and its officials than individual citizens.

Ferhat Gerçek’s trial began on 24 December 2008 and has yet to conclude.

In October 2009, Amnesty sections across Europe have joined together to give a big push to our campaign. We have now built a photo album of activity to use in our press work in Turkey. See the solidarity pictures on Flickr

Meanwhile, Ferhat Gerçek is being prosecuted in connection with the dispute and if found guilty, could be sentenced to more than 15 years in prison.

Send an appeal to the Turkish authorities now

Send the appeal letter below to the Turkish authorities to demand justice for Ferhat Gerçek

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Mr Sadullah Ergin - Minister of Justice

Ministry of Justice
Adalet Bakanlığı
06659 Kızılay
Ankara, Turkey
Fax: 0090 312 417 7113

Besir Atalay - Minister of the Interior

T.C. İçişleri Bakanlığı
06644 Ankara, Turkey
Fax: 0090 312 418 1795

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Dear (recipient name)

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I am writing to you to bring your urgent attention to the case of Ferhat Gerçek, who was left paralysed after being shot in the back by a police officer on 7 October 2007.
  
I am deeply concerned that the perpetrator of the shooting may evade justice due to a number of apparent flaws in the investigation, namely :

* the original prosecutor in the case appears not to have conducted a site inspection at the scene of the crime;
* the officers implicated in the incident appear to have been involved in the police investigation;
* two months had elapsed between the time of the incident and statements being taken;
* the T-shirt Ferhat Gerçek was wearing at the time of the shooting, a crucial piece of evidence, has apparently been lost by the police;
* none of the police officers have been suspended from duty despite ballistic tests matching the bullet found in Ferhat Gerçek to a police gun.

Considering the above alleged serious gaps in the criminal procedure and the lack of reliable information in this case, I am calling for an independent, thorough and impartial inquiry into the failings of the initial investigation at the earliest opportunity.

Furthermore, as Ferhat Gerçek, is being prosecuted in connection with the incident, I urge you to ensure he receives a fair trial.  Should the court find the shooting to be unlawful, he should also receive compensation.  Let me remind you that Turkey’s obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms such as the right to life (Article 2), the right to a fair trial (Article 6) and the right to an effective remedy in cases where Convention rights have been violated (Article 13) are applicable in this case.

Finally may I also remind you that the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that law enforcement officials must, as far as possible, apply non-violent means before using force and firearms, only to the minimal extent necessary and only to protect against threat of death or serious injury to themselves or others.

I thank you in advance for taking all appropriate steps to ensure that Ferhat Gercek’s rights are protected.

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Turkey: Demand justice for Ferhat Gerçek

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