NEWS CENTER - The Constitutional Court ruled the file of Şadiye Dilan Doğan who was battered by the police. The court, which examined the images, ordered that Şadiye be paid immaterial compensation, saying "the prohibition of torment has been violated".

 

While the Ministry of Interior's circular prohibiting the recording of police footage in social events was discussed, a right violation decision came from the Constitutional Court pointing out the importance of camera recordings. Şadiye Dilan Doğan, who applied to the judiciary on the grounds that the police battered her during the protests regarding the death of Berkin Elvan, but did not get any results, she applied to the Constitutional Court individually, after the camera recordings were examined, she was found right. A Constitutional Court unanimously decided that "the prohibition of torment has been violated".

 

'Prohibition of torment violated' decision

 

Şadiye Dilan Doğan complained to the police by claiming that the police battered her and passed over an armored police vehicle during the protests organized about Berkin Elvan's falling into a coma with a gas cartridge hit in the head and his death months later. Camera images were included in police statement, expert report, indictment, administrative court decisions, the defense sent by the Ministry of Interior to the Constitutional Court. The Constitutional Court, who examined the images, unanimously decided that the prohibition of torment was violated against Şadiye.

 

In the Constitutional Court decision, information about the course of the events, the allegations and responses, as well as the decision, was announced.

 

The Constitutional Court gathered three separate applications of Şadiye and made its decision on April 7, 2021. In the Constitutional Court decision, it was stated that "the necessity and proportionality of the use of force by the police against the applicant could not be revealed by law enforcement units".

 

In the decision, it was stated that "In addition, the evidence that would lead the applicant to think that physical force was used due to her attitude was not reflected in the investigation or application file. Therefore, it has been concluded that the use of force against the applicant has not been proved by the public authorities that it has become inevitable. When the concrete incident is evaluated as a whole, it is considered possible to characterize the action as torment."

 

The court unanimously decided to pay Şadiye 40,500 TRY in immaterial compensation.