Investigation Of Allegations That The Victim’s Statement Was Altered Under Pressure, And Evaluation Of The Victim’s Request To Participate In The Complaint As Appropriate Supreme Court Decision
Republic of Turkey
Supreme Court of Appeals
1st Criminal Chamber
Case No.: 2014/1081
Decision No.: 2014/3771
Date: 8.7.2014
Upon the appeals of the defendant Behçet’s defense counsel and the representative of the participant Tolga, the judgments against the defendants B. Ş. and S.. R.. for the crime of intentionally injuring the victim Tolga, and against the child N.. T.. who was driven to commit the crime, for inciting the intentional killing of the victim Tolga, were reviewed.
During the investigation phase, the victim Tolga, who had filed complaints against all defendants, changed his account of the incident in his statement recorded at the Gaziantep 17th Criminal Court of First Instance on August 17, 2010, stating that he did not file complaints against the defendants Salman and Behçet. In his statement recorded at the hearing held on October 28, 2010, by the Gaziantep 3rd High Criminal Court, where the trial continued following the court’s decision of lack of jurisdiction, he stated that he changed his statement and withdrew his complaint because he was threatened by the defendants, that he wished to complain about the other defendants and participate in the case, and that he complained about the defendants and Nesrin, the child involved in the crime in the joined case. In the same hearing, referring to the allegations made by Tolga’s representative regarding the pressure exerted on Tolga to change his statement, it was requested that the outcome of the ongoing investigation be examined, but it is understood that the Court proceeded with the trial without conducting any investigation into this matter and issued a written ruling. After investigating and evaluating the allegations that Tolga, who was a participant, was pressured by the defendants to change his statement and was forced to withdraw his complaint, a decision should be made regarding Tolga’s request to participate in the public prosecution against the defendants and the child involved in the crime, and it is imperative that the legal status of the defendants be determined after this procedural step is completed.
This necessitates reversal, and the appeals of the defendant Behçet’s defense counsel and Tolga’s representative are therefore deemed valid. For this reason, and contrary to the opinion in the notification, the other aspects of the ruling are not examined, and pursuant to Article 321 of the Code of Criminal Procedure, it is REVERSED. was overturned, and it was unanimously decided on 07/08/2014.