The Constitutional Court of Turkey has ruled that the death of a Kurdish man during the 2015-2016 curfews in Şırnak was an unlawful killing resulting from actions of the police, the Artı Gerçek news website reported.
The man, identified only by the initials R.G., died on July 23, 2016, in an explosion during a police raid on a building. The explosion, which led to the death of three people, was caused by police, according to victims’ families. However, conflicting conclusions arose from different judicial authorities.
An investigation by the Şırnak Chief Public Prosecutor’s Office in November 2018 found no grounds for public prosecution, asserting that the incident was an act of “legitimate defense” by police acting under lawful orders. R.G.’s father, Süleyman Güngen, appealed this decision, but the Şırnak Criminal Court of Peace dismissed his objection in April 2019, finding no police involvement in the explosion.
Güngen then filed an individual application with the Constitutional Court, arguing that his son was killed by special operations police using disproportionate force and that the investigation had been ineffective. The Constitutional Court noted that the Şırnak Chief Public Prosecutor’s Office and the Criminal Court of Peace had reached different conclusions based on the same evidence.
The court also criticized investigators for failing to take statements from soldiers and police present during the explosion and for not properly examining whether police had used explosives. It ruled that critical investigative steps had not been completed.
The Constitutional Court ruled for a retrial and awarded 200,000 Turkish lira ($5,835) in damages to Süleyman Güngen.
The curfews in Şırnak were part of broader security measures imposed by the Turkish government in several southeastern provinces during 2015-2016 aimed at combating the Kurdistan Workers’ Party (PKK), which Turkey and its Western allies have designated as a terrorist organization. These curfews severely restricted residents’ movement and led to numerous civilian casualties and property damage. Human rights organizations criticized the curfews, stating that they disproportionately harmed civilians and led to significant rights violations.
