ISTANBUL - The Saturday Mothers asked about the fate of Cemil Kırbayır, who was disappeared in custody 41 years ago. In the action, which emphasized that the government did not have the courage to confront the Cemil Kırbayır file, “If the legal norms are not followed, the Kırbayır case will be left unpunished despite the witnesses, despite the confessions, and despite the findings of the Turkish Grand National Assembly.”

 

The Saturday Mothers carried out the 843rd of their weekly actions online with the slogan "The perpetrators are known, where are the disappeared" to ask about the fate of their relatives who were disappeared in custody and to demand the punishment of the perpetrators. This week, attention was drawn to the fate of Cemil Kırbayır, who was disappeared in custody in 1980.

 

‘Disappearance by state in custody is a crime against humanity’

 

Speaking for the first in the action, Cemil Kırbayır's brother Mikail Kırbayır reminded that they were trying to make their voices heard to the authorities in every field and said: “The disappearance by state in custody is a crime against humanity. As if this was not enough, it is brutal to end life by torture by the officials of the state and to eliminate the body by these people.”

 

Stressing that his brother was killed by state officials under the surveillance of the state, Mikail stated that the report prepared years later was sent to the Kars Prosecutor's Office and that the prosecutor's office decided to time-out without taking the report into consideration. Mikail said: “Cemil's file has been closed for the benefit of the law, just like in his life. The justice in which I have been deceived and sat on the complainant chair for 41 years is the rebellion of my inner voice.”

 

‘State policy of disappearance in custody’

 

Speaking afterwards, Eren Keskin, one of the lawyers of the file, said: “The policy of disappearance in custody is unfortunately the state policy in Turkey. It is a very old policy. Therefore, Turkey does not sign the United Nations Convention Against Enforced Disappearances. It continues to run the timeout on these files. The Cemil Kırbayır file has a lot of evidence, and it is the first time in Turkey that the parliament's Human Rights Commission has written a report as "it was concluded that he was killed in custody". Despite this, and despite the promises made by the prime minister of a period to the families, Cemil Kırbayır file is still waiting for a decision of non-prosecution.”

At the protest, Suzan Akipa, one of the Saturday People, read the press text.

 

‘Complaints of crime were left without consequences’

 

Stating that Cemil Kırbayır, a student of Kars Education Institute, was detained by the police from his home in Ardahan's Okçu village on September 13, 1980, Suzan said: “His family went to the detention center for 25 days and met Cemil's needs, messages from him saying 'what you sent reached me' took. However, the family, who went to the detention center after October 8, was told, ‘Your son escaped, don't come to ask about him again.’ The criminal complaints made father İsmail Kırbayır and the Union of Turkish Bar Associations to the relevant institutions were inconclusive. No more news from Cemil.”

 

‘Find my son before I die’

 

Reminding the meeting of the prime minister of the time with the Saturday Mothers on February 5, 2011, Suzan stated: “103-year-old Berfo Kırbayır, one of the Saturday Mothers, told Erdoğan about her experiences and said, ‘Find my son before I die’. Erdoğan ensured the establishment of a parliamentary investigation commission by saying ‘I will provide all the necessary facilities, be sure to find Cemil Kırbayır’. Under the chairpersonship of Mersin MP Prof. Dr. Zafer Üskül, Çorum MP Murat Yıldırım, İzmir MP Erdal Kalkan, İstanbul MP Çetin Soysal came along the work of the commission. Chief Civil Inspector Mehmet Firik, Justice Inspector Mecit Gürsoy and Commission Expert Kenan Altaş were also accompanying.”

 

‘350-page report has been prepared, the file is still in the prosecution’

 

Suzan shared the information that commission reached the documents of the period as a result of the work carried out by it and that they met with many witnesses who saw Cemil Kırbayır in the interrogation, and the police and National Intelligence Service (MİT) members who made the interrogation. She said: “The commission prepared a 350-page report as a result of the work. In the report, it was recorded that Cemil Kırbayır lost his life due to torture while in custody and that his body was removed by public officials who caused his death. Thus, it became official that Cemil was disappeared in custody. The commission also filed a criminal complaint with the Kars Chief Public Prosecutor's Office with the report it prepared. However, the government did not have the courage to face this crime against humanity. It preferred to close the case it had dragged on for 10 years by the judiciary. Upon the request of the Ministry of Justice, the High Court had the decision to overturn for the benefit of the law. It paved the way for closing of file on the grounds of the period of limitation and sent it to the Kars Chief Public Prosecutor's Office.”

 

‘If not acted within the legal norms, the perpetrator will remain unpunished’

 

Reminding that the Kars Chief Public Prosecutor's Office will decide on the file in May, Suzan said: “If it does not act within the legal norms, the Kırbayır case will be left unpunished despite the witnesses, despite the confessions, despite the findings of the Turkish Grand National Assembly. The perpetrators and those responsible for the crime will not be subject to judicial proceedings and punished. We call on the Kars Chief Public Prosecutor's Office to act in accordance with the universal legal norms and to open the way to justice.”