MARAŞ, NORTHERN KURDISTAN
After raping a handicapped child in Pazarcık, 53 year-old AD walked free despite forensic reports of his sperm samples on the child’s clothes.
On October 6, 2019, 14 year-old mentally and physically handicapped BU was raped by AD in the Pazarcık district of Maraş. The child was subjected to sexual abuse by their relative, 53 year-old AD. The incident was revealed when the child told what had happened to their grandfather HU.
Upon BU’s complaint, AD was detained and later arrested by the Pazarcık Criminal Court of Peace, where he was referred to. AD, who was detained for a week, was released by the 2nd Criminal Magistrate of Maras under the condition of judicial control after his lawyer objected to the detention.
The justification for the release of AD in the report issued by Necip Fazıl Kısakürek State Hospital stated ‘no traumatic symptoms in the anus and rectum, or sperm in the rectum.’
Thereupon, samples from BU’s t-shirt and underwear were sent to the Istanbul Forensic Medicine Institute (ATK) to be compared with AD’s DNA. In the report of ATK dated January 30, 2020, it was noted that sperm cells were detected in the t-shirt and underwear sent to examination, and that the cells were compatible with the DNA sample extracted from AD.
Thereupon, the lawyers of BU’s family objected to the release of AD. The prosecutor’s office, which accepted the objection on 16 March, referred AD to the 2nd Criminal Court of Peace, Maras, with a ‘request to arrest’. While AD did not accept the proceedings, his lawyers claimed that sperm cells detected in BU’s clothes were transferred from AD’s misplaced underwear.
BU’s family lawyers requested AD’s detention on remand. However, stating that the conditions of judicial control would be sufficient, the court decided to release AD with a ban from going abroad and forensic control.
Threats
Reacting to the decision, BU’s grandfather HU said that AD threatened his grandchild to keep the rape a secret.
Noting that the psychology of his grandchild has deteriorated, HU said,
“He was trying to attack us. He attacked the child’s father. We took the child to a private dormitory. The child is under the control of a doctor in a private dormitory. Despite this report, we did not expect this decision. Even lawyers were surprised. We want this person to be arrested, we want the heaviest punishment. They threatened me. His brother called and threatened me. They didn’t believe that such a thing would happen. But after the report, they don’t say anything.”
Emphasising that the ATK report is evidence, the grandfather HU requested that AD be punished as soon as possible.
