Man acquitted of 'abusing' his child despite forensic medicine report

"Don't remain silent against abuse, be a voice!" (Photo: Serra Akcan / csgorselarsiv.org)

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Warning

* Considering the best interest of the child, we do not share detailed accounts. We have the related reports.

* The news report might be triggering in terms of male violence and abuse. In the event of a psychological triggering, we recommend that you should apply to the Purple Roof Women's Shelter Foundation and to the related units.

Refik Y., the former Youth Branch Chair of the ruling Justice and Development Party (AKP) in the Selçuk district of İzmir, has been acquitted of "abusing" his two sons aged 2 and 5.

The forensic medicine reports said there were "medical findings of anal penetration by an organ or another object" and "no external lesions on the child's body related to the incident."

NOTE: According to the Ministry of Justice Forensic Medicine Institution (ATK) report on June 9, 2021, it was clear that the father abused the child.

In the final hearing on June 6 at the İzmir 23rd Heavy Penal Court, the defendant was acquitted because the defendant was "not proven guilty." The detailed ruling will be announced later.

The prosecution demanded the defendant be sentenced for the offenses that match his actions, stating that it was understood from testimonies and evidence, including the forensic medicine reports, that the defendant had abused the child on the pretext of playing with him.

Also, considering the quality and nature of the crime, the prosecution demanded the arrest of the defendant and the overturn of a decision of non-prosecution given by the Selçuk Public Prosecutor's Office.

Despite the evidence, the judge acquitted Refik Y.

"The children are safe"

Commenting on the verdict for bianet, Eren Keskin, the co-chair of the Human Rights Association (İHD), said it was a "horrible" decision.

According to the information bianet received from local sources, the children are currently with their mother and safe.

Complaint against bianet editor

Bianet editor Evrim Kepenek previously gave a statement after a complaint by Refik Y., who had been arrested for abusing his 5-year-old child.

Kepenek reported on the incident with articles titled "Father arrested for 'abusing' his child" and "Father who 'abused' his child released on probation."

While he was in prison, Refik Y. filed a complaint against Kepenek for "violating privacy."

Speaking after her testimony, Kepenek had said, "We didn't write his surname because the process of trial is underway. There is the presumption of innocence. However, reports taken from both the forensic medicine [institution] and private psychologists stated that the father abused the child. So, this is how we reported it. We didn't make comments or criticism. We only conveyed what was written in the reports and presented the court decision."

What happened?

Living in Selçuk, İzmir, Refik Y. and Nazlı U. decided to have a divorce. As there is no family court in Selçuk, the case was referred to the penal court of first instance. While the proceedings of divorce were still ongoing, a lawsuit was filed for the custody of 6-year-old Y.B. and M.M.

At the hearing on March 24, 2021, the attorneys of Nazlı U. submitted expert reports and psychologist's opinions to the court, documenting that the father had abused Y.B. However, taking only the Social Examination Report (SİR) prepared by a single psychologist, the court board gave the temporary custody of the child to the father. According to this decision, the mother would be allowed to meet her children at certain hours every Saturday.

The attorneys of Nazlı U. appealed against this decision. In their petition, they listed the indications of child abuse one by one. Attorneys Özgür Baykal and Fırat Güneş demanded that the temporary custody of the child be taken away from the father by considering the best interest of the child and that their objection to the SİR report be accepted.

The attorneys also requested that a new SİR report be issued after the child was examined by a board of experts, including a child psychiatrist, and that the specialist psychologists be heard at court.

However, the court rejected all of these requests.

With the report of the Forensic Medicine Institution affiliated with the Justice Ministry, it has been confirmed that the child was abused by the father.

Following the report documenting the finding of sexual abuse, father Refik Y. was arrested and sent to prison.

(EMK/VK)