The Istanbul Chief Public Prosecutor’s Office has declined to pursue a torture complaint, citing the passage of seven years since the alleged incident, despite laws exempting these crimes from any statute of limitations, the Mezopotamya news agency reported.
Hamza Doğrul, who is serving a life sentence for terrorism-related offenses, filed the complaint in September, alleging he was tortured while in police custody in 2017.
The decision of the prosecutor’s office to close the case sparked criticism from Doğrul’s lawyer, Nagehan Avçil, who has filed an appeal.
The appeal seeks an indictment against the officers accused of torture, a review of surveillance footage and the reopening of the investigation. Avçil argued that the prosecution failed to meet its legal obligations under Turkish and international law.
Under Turkish law, torture is classified as a crime against humanity and is therefore not subject to any statute of limitations. Article 94 of the Turkish Penal Code criminalizes torture and Article 95 provides for more severe penalties when acts of torture result in permanent injury or death. Furthermore, Turkey is a party to the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, which mandates thorough and impartial investigations of all torture allegations, regardless of when the alleged offense occurred.
According to Avçil, medical reports documented bruises on Doğrul’s back, one arm and below his left eye. She also argued that Doğrul was denied access to legal counsel for seven days and subjected to torture during his 12-day initial detention.
Avçil’s complaint cited gaps in forensic examinations, noting the absence of medical reports for her client for several days while he was held. One report dated December 18 confirmed signs of physical assault, which Avçil said supported her client’s claims.
“The absence of injuries prior to custody and the documented bruises afterward demonstrate that the injuries were inflicted while in detention,” Avçil said in the appeal.
Doğrul was detained on December 13, 2017 in Istanbul’s Bahçelievler district and later convicted of “membership in a terrorist organization” and “attempting to overthrow the constitutional order.” He is currently incarcerated in the Antalya High-Security Prison.
