ŞIRNEX
In the Silopia district of Sirnex, on May 3, 2017, Mohammed (7) and Furkan Yildirim (6), who were killed by the panzer which was driven into their homes and killed the two children who were playing near the wall. The armored vehicle driver is, Turkish police, Omar Yegit and his supervisor Murat Maden. The third hearing of the case has been held.
The Cizre 2nd High Criminal Court hearing was attended by Cizre Municipality Co-Mayor Berivan Kutlu, Silopi Municipality Co-Mayor Suleyman Savluk, father of the killed Yildirim brothers Mesut Yildirim, Sirnak, Diyarbakir and Bursa bar associations followed by a large number of lawyers and members of some non-governmental organizations.
FATHER YILDIRIM: NO PENALTY RETURNS MY CHILDREN
The hearing, which also included the two defendants, began by listing their coverups. The first promised police officer Ömer Yeğit repeated his previous statements and said, “I did my best. The accident occurred because the vehicle does not work,” he defended himself.
Mesut Yildirim, the father of the Yildirim brothers, stressed that no punishment can bring their children back, “So our suffering can be relieved we demand a fair decision to prevent such events from recurring,” he said.
PUBLIC PROSECUTOR’S CRIMINAL INVESTIGATION APPEAL OF THOSE RESPONSIBLE
Subsequently, the prosecution, who was asked to consider it, demanded imprisonment from 2 to 15 years for 2 defendants on charges of causing death by negligence, as in the previous hearing. The prosecution also demanded a criminal investigation against those responsible for the crime
LAWYER ELCI: MUST BE PUNISHED WITH MENS REA
After the review, the defense of lawyers was passed. Lawyer Nuşirevan Elçi, who is also the President of the Şırnak Bar Association, made a plea. The ambassador reminded that the Panzer driver was driving without a driver’s license and wanted the defendants to be punished for their conscious negligence.
“Impunity is the leading cause of society’s rotting,” he said, noting that the punishments should be proportionate equally, “If there is a disproportionate punishment, all of us will have a share in accidents that will occur.”
LAWYER HUNTER: THE MAJOR RESPONSIBLES MUST BE JUDGED
Rojhat Dilsiz, one of the attorneys of the Yildirim brothers, emphasized that the opinion given last week was incomplete. He agreed with the prosecutor’s office, that those responsible for the crime should be interrogated and punished.
Dilsiz, drew attention to the missing points in the file. Dilsiz pointed out that this file should not be approached from the ordinary, the district police chief Selçuk Erdoğan and police chief Tuncay Taşdemir should be tried too.
Dilsiz added that the vehicle may be damaged in the accident, but those who loaded the vehicle much over it could hold should, are also responsible. “This decision will prevent possible deaths. This event is not causing death by negligence, there is a possibility of intent” he said.
Dilsiz finally asked for the arrest of the defendants. Lawyer Hüsnü Kaplan, also demanded that the defendants be given maximum punishment in the name of community conscience.
ACCUSED YEŞİT: I HAD TO FULFILL THE ORDERS I WAS GIVEN
The defendant Yeğit claimed that he had taken the necessary security measures before boarding the vehicle. Yeğit argued that the lack of a driving certificate could not prevent the accident, “Because I did everything to be done. It is impossible to stop the vehicle when the vehicle is not working. I’m responsible for fulfilling the orders given to me. I had to fulfill the order because I received written orders. Old vehicles should no longer be used. Accidents can be prevented with new vehicles.
ACCUSED MADEN: I SEND MY CONDOLENCES TO THE FAMILY
Murat Maden, who stated that all the personnel working in the District Police Department cannot know whether they are certified or not, said that one hour before the incident, the District Police Chief Selçuk Erdoğan was instructed to patrol. Maden said that he himself had taken an injured child to the hospital and that he was still under the influence.
“The person who should be tried should be here. I wish my condolences to the family. I demand an acquittal.”
HELD:
After the statements of the defense, the court interrupted the hearing to explain its decision. After the break, the court gave its verdict and sentenced Yegit to 2 years and 1 month of imprisonment on charges of “causing death by negligence. The 2 years and 1-month sentence of imprisonment and turned into a bail of 19 thousand TL. The punishment for killing two small children is €2,919.
Maden was acquitted.
Following the decision, the lawyers of the Yıldırım brothers reacted with the words: “They might as well have given the criminals a medal.”
