DIYARBAKIR- The Constitutional Court (AYM) in Kulp lifted the decision of non-prosecution on 37 soldiers, who was held responsible for the killing of 7 civilians 29 years ago. The re-investigation decision by the Constitutional Court was given on the grounds that "the investigation was incomplete". AYM decided to re-open the investigation.

Mehmet Nasıh Altın, Neytullah Tekin, Hayrettin Demirtuyi, Felemez Bulut, Ömer Öztürk , Ali Mintaş and Şahin Tekin had lost their lives during the firing of the Kulp Battalion Commander as they were transporting of the deceased bodies of 3 PKK members, who lost their lives in Serê Spî region of Solhan district countryside in Bingöl.

WHAT HAD HAPPENED?

Thousands of people, who tried to bring the deceased bodies of 3 PKK members, who lost their lives as a result of the helicopter bombing on the PKK camp in the Serê Sipî region between the Kulp district of Diyarbakır and Solhan districts of Bingöl. Citizens has been stopped by soldiers and special teams on the bridge on Kulp Stream, 2 kilometers away from Kulp on December 24, 1991. The soldiers opened fire on citizens after a discussion between the soldiers and citizens, who had not want to let go of the deceased bodies. Civilians named Mehmet Nasıh Altın, Neytullah Tekin, Hayrettin Demirtuyi, Felemez Bulut, Ömer Öztürk, Ali Mintaş and Şahin Tekin lost their lives, while Mehmet Şah Tekin and Şeyhmus Altındağ were injured. The deceased bodies of PKK members and the killed civilians had been brought to the garden of the Kulp Battalion Commandership's garden and a press statement had been made saying that, "terrorists are killed". 54 people had also been taken into custody during the massacre incident.

THE PROSECUTOR WANTED PERMISSION FOR THE JUDGMENT, BUT…

It was alleged that the order to fire on civilians was given by İsmet Yediyıldız, who was nicknamed "Yedi Bela İsmet", the Commander of the Provincial Gendarmerie of Diyarbakır. The Kulp Prosecutor's Office decided not to pursue an investigation.

Mustafa Akkuş, the public prosecutor at the time, made a request on August 25, 1992 to the General Directorate of Criminal Affairs of the Ministry of Justice to open a trial against the defendant Colonel İsmet Yediyıldız, The prosecutor Akkuş asked for permission in his bill of indictment, Diyarbakır Provincial Gendarmerie Commander Colonel İsmet Yediyıldız to be put on trial on charges of "murdering and attempting the same crime during the performance of the mission".

On October 8, 1992, the Ministry of Justice General Directorate of Criminal Affairs gave a negative response to the request of the Public Prosecutor Akkuş and the file was sent back to the Diyarbakır Chief Public Prosecutor. On November 30, 1992 the Diyarbakır Chief Public Prosecutor returned the file to the Kulp Chief Public Prosecutor's office.

On July 6, 1993, the Kulp Chief Public Prosecutor's Office decided to seperate the file of Colonel İsmet Yediyıldız, who was the chief responsible for the massacre by ordering to shoot to citizens and causing the civilians' death and send the file to the Kulp District Administrative Board.

FILE IS LOST!

It was revealed that no further action had been taken regarding the massacre only after the lawyer Nahit Eren's claim for compensation for 2 people who lost their lives in the incident and 1 person who was injured. Families applied to the Kulp Chief Public Prosecutor through their lawyers to learn about the aftermath of the file. However, the prosecutor's office stated that they did not have the case files. The aftermath of the file was then asked to the Diyarbakır Provincial Administrative Board, the District Governor and the Ministry of Justice. Nonetheless, they also stated that the file in question was never delivered to them and that there was no information as such in their archice records. As a result of all these attempts and the file not having been found, the families filed a complaint with the Kulp Chief Public Prosecutor's Office on November 18, 2009 to initiate an investigation against the related officers.

INVESTIGATION AFTER 21 YEARS

As the timeout on the file has been just eliminated with the re-opening of the investigation, the statements of 37 soldiers who were in charge of Kulp on the day of the incident were taken within the scope of the investigation opened on the grounds of "Murder and attempt to kill". In addition, the prosecutor's office declared a "confidentiality" decision for the investigation in question.

THE LEGITIMIZATION OF THE MASSACRE BY SELF-DEFENSE!

It was claimed that even though the soldiers were considered to have caused the death of civilians, it was almost mandatory to use weapons. It was stated in the decision that it was believed that the unjust attack of soldiers was caused by justifiable self- defense conditions. It was alleged that the soldiers had to fire to protect themselves from an attack against them.

VERDICT WAS OBJECTED

Nahit Eren, the lawyer of those civilians who lost their lives in the massacre, had applied to Diyarbakır's 2nd Criminal Court of Peace on November 23, 2017 in order to revoke the verdict of non-prosecution. However, the application was refused on February 8, 2018 on the grounds that "there is insufficient evidence to open the public prosecution"

Thereupon, lawyer Nahit Eren had applied to the Constitutional Court (AYM).