Nihat Kazanhan, 12 years old Nihat Kazanhan was shot to death on 14 January 2015 in Cizîr (Cizre) district of Şirnex (Şırnak) province by Special Forces police officer Nurbaki Göçmez. Cizre 1st High Criminal Court sentenced the police officer to life imprisonment, but the sentence was reduced to 13 years and 4 months with discounts for "unjust provocation" and "good behaviour". The verdict was upheld by the Court of Appeal and the Court of Cassation. The Constitutional Court (AYM) ruled that Kazanhan's "violation of right to life" and ordered the family to pay 90 thousand TL compensation. The Constitutional Court also ruled that "unjust provocation discount" would not be applied to the sentence given to the police officer who murdered Kazanhan. The Constitutional Court sent the file to the Cizre 1st Assize Court for the elimination of the consequences of the violation.

 

The case was resumed on 24 February 2023 at Cizre 1st High Criminal Court and a warrant was issued for the arrest of the defendant Göçmez. The court issued a red notice for the defendant on 17 January 2024 in case the defendant, who was not found in the country despite the searches and calls, might have travelled abroad illegally. However, the defendant Göçmez, for whom there has been an arrest warrant for 26 months and a red notice for 15 months, could not be caught.

 

 REJECTION FROM THE MINISTRY DUE TO 'INCOMPLETE DOCUMENTS' 

 

After the 11th hearing of the case following the Constitutional Court's decision to overturn the verdict of the Constitutional Court, the decision to issue a red notice at the request of the prosecution in the 5th hearing of the case has not been implemented. While the Ministry of Interior is expected to issue a red notice for Göçmez, notify Interpol and request the defendant's arrest and extradition in the country where he is found, the Ministry is refraining from implementing the decision, claiming that the missing documents and forms have not been filled in completely.

 

The court wrote to the Ministry of Justice, Directorate General for Foreign Relations and European Union Affairs on 11 February 2024 to issue a red notice for the defendant. In its reply to the court, the Ministry stated that this decision was not implemented by the Ministry of Interior because the red notice request forms and annexes were not filled in completely and duly and signed. The Ministry requested that the deficiencies be remedied. The court met this request and sent the requested documents. However, the Ministry again found the documents requested from the court and sent by the court 4 times incomplete.

 

In the letter sent by the Ministry of Justice on 28 May 2024 to the Cizre 1st Assize Court where the case was heard, the Ministry of Interior's "rejection of the request due to missing documents" was explained in the following words: "In the letter sent by the Ministry of Justice on 28 May 2024 to the Cizre 1st Assize Court where the case was heard, it was stated that the Cizre 1st Assize Court dated 24.02.2023 and numbered 2023/19, on the charge of 'Killing a Child or a Person Who is Physically or Mentally Incapable of Defending Himself'.2023 dated 24.02.2023 and numbered 2023/19 of the Cizre 1st Assize Court for the offence of 'Killing a Child or a Person Who Cannot Defend Himself in Body or Soul', the red notice issued within the scope of the prosecution being carried out by the Cizre 1st Assize Court under the file numbered 2023/19 was forwarded to our Ministry together with its annex, and the request in question was forwarded to the Ministry of Interior for compliance. In the letter dated 01.08.2024 received from the Ministry of Interior within the scope of our request, it was stated that since there is no concrete information regarding the details of the offence in the summary of facts section of the red notice, it could not be acted upon. In this context; it has been considered that it would be appropriate to rearrange the 'summary of facts' section of the red notice by including details about the commission of the offence, the manner in which, by whom, on what date, where, against whom, etc., and the manner in which the offence or the material fact was committed in a more detailed manner not exceeding 1000 characters. In this respect, I kindly request you to kindly inform your necessary information about sending the red notice with wet signature and seal to our Ministry in 2 copies."

 

MA / Zeynep Durgut