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The Court of Cassation has concluded that Lieutenant Bülent Karaoğlu, the then Hasköy District Gendarmerie Commander, was responsible for the massacre where nine people were burned to death in their house in Vartinis village in Turkey's Kurdish-majority eastern province of Muş.
As reported by Ersan Atar from Kısa Dalga news website, the 1st Penal Chamber Court of Cassation has overturned the acquittal of Karaoğlu, indicating that "Lieutenant Karaoğlu gave the order to burn down the village." The high court has upheld the acquittal of three military officers.
'Risk of expiry of statutory limitations'
Muş Bar Association Chair Kadir Karaçelik, the attorney of Vartinis families, has spoken to bianet about the issue:
"It is tragicomic that the person found guilty of burning nine people to death is given an international travel ban as a judicial control measure, rather than being arrested. In an environment where people are arrested for petty crimes, no one is arrested in such a grave case."
Attorney Karaçelik has also underlined that if the final ruling is not given in the Vartinis massacre case until October 3, 2023, the case might drop due to the expiry of the statutory limitations:
"With this attitude of the judiciary, it is impossible to do it in time. The court of first instance gave the ruling on March 1, 2016; the case was pending at the Court of Cassation for 5 years. A ruling has been handed down in the 5th year. This period could have been used "
"Though the Chief Public Prosecutor's Office of the Court of Cassation noted that there was a risk of expiry of statutory limitations, the Penal Chamber of the Court of Cassation has not come to such a conclusion. Normally, high courts attach it to the ruling as a note for the courts of instance when there is a risk of expiry of statutory limitations. We do not know whether we can make it till 2023; at its current pace, it is impossible to do it."
'There was impunity at every stage, there still is'
The first hearing of the retrial has been scheduled for September 21, 2021. Karaçelik has made the following comment on it:
"We think there is also an arbitrary and irresponsible attitude here. While deficiencies such as the notifications can be eliminated within a month, why is the hearing scheduled for such a later date? We experienced all states of impunity in investigation and prosecution, we still do."
'Ruling falls short of doing justice'
Kadir Karaçelik has also evaluated the content of the ruling handed down by the 1st Penal Chamber of the Court of Cassation:
"It does not have a content that could identify a dark period or the responsible one. We are frequently faced with acquittal and impunity in such cases. In this ruling, it is at least determined that such crimes may be committed by public officers, there is at least a serious finding in the face of this attitude of 'public officials don't do such things.'
"The letter of notification of the Chief Public Prosecutor's Office of the Court of Cassation approached the issue in a more comprehensive manner, albeit inadequately... In the letter of notification, there was a reference to the hearing of public officials as witnesses and it was indicated that the investigation was missing in its current stage.
"The Prosecutor's Office demanded that the ones who carried out the operation, the ways in which it was planned and the ones who participated in it be identified and that the deficient documents be rectified.
"However, the ruling of the 1st Penal Chamber of the Court of Cassation has reduced the incident to the responsibility of a single defendant, despite the letter of notification of the Prosecutor's Office. A ruling that falls short of serving justice...
"Neither this ruling nor the adjournment of the hearing for so long is not a coincidence; we think that it is part of a strategy. In the event that the court abides by the ruling of the Court of Cassation, the new ruling will also be sent to the Court of Cassation again."
What happened?
The Chief Public Prosecutor's Office of the Court of Cassation indicated that there was no effective investigation or prosecution and demanded that a retrial be held in the Vartinis massacre case.
CLICK - State Officials Charged with Burning 9 People Acquitted
On October 2, 1993, nine people living in Vartinis village of Korkut district in Turkey's eastern province of Muş were burned to death in their house. The youngest of them was 14 years old:
Mehmet Nasir Öğüt, Eşref Oran, Sevda Öğüt, Sevim Öğüt, Mehmet Şakir Öğüt, Mehmet Şirin Öğüt, Aycan Öğüt, Cihan Öğüt and Cinal Öğüt.
At the final hearing of the case at the Kırıkkale Heavy Penal Court on March 1, 2016, all defendants were acquitted due to "lack of evidence."
CLICK - 'I've been Waiting for This Day for 23 Years'
'People prevented from putting out the fire'
The 1st Penal Chamber of the Court of Cassation has upheld the acquittal of all defendants, except for that of District Gendarmerie Commander Bülent Karaoğlu. The Chamber has concluded that Karaoğlu was responsible for the incident and overturned the acquittal.
The ruling of the Penal Chamber has indicated that while Karaoğlu was passing through Vartinis, he addressed the villagers and said, "We will come tonight and burn down your village."
The ruling also said that "at the night of October 3, at around 3 a.m., hundreds of soldiers came to the town as part of the operation and the haylofts, haystacks, barns, animals and several houses as well as the house of Nasır Öğüt were set on fire during the operation."
Noting that the ones who were at home at the moment of the incident were burned to death in the ensuing fire, the 1st Penal Chamber of the Court of Cassation said, "It is understood that the townspeople who wanted to intervene to put out the fire were not allowed by soldiers."
The ruling of the 1st Penal Chamber of the Court of Cassation has briefly explained Karaoğlu's responsibility in the massacre as follows:
"It is understood that the defendant, who was on duty as the Hasköy District Gendarmerie Company Commander, participated in the operation, as indicated in the witness statements; it is unimaginable that he would not participate in such an operation within his jurisdiction, considering that he was the District Gendarmerie Commander; given that the defendant was the most senior officer in the operation and given his remarks after the non-commissioned officer was martyred, it is understood that the fire occurred upon his order and instruction..."
Rhe 1st Penal Chamber of the Court of Cassation has concluded that the acquittal of the defendant is against the law as it was not considered necessary to hold him responsible and penalize him for the fire.
Karaoğlu will stand trial again on charge of "solicitation to aggravated murder." If the Kırıkkale Heavy Penal Court does not defy the ruling of the Court of Cassation, the trial will be held again. (AS/SD)
