t24.com.tr
TİHEK Dismisses Police Brutality Complaint, Ignoring Constitutional Court Ruling
Turkey's Human Rights and Equality Institution (TİHEK) dismissed Besna Tosun's complaint alleging police brutality during a December 12th, 2024, Cumartesi Anneleri protest, disregarding a Constitutional Court ruling upholding their right to assemble and evidence of excessive force.
- What are the immediate consequences of TİHEK's dismissal of Besna Tosun's complaint regarding police brutality?
- On December 12th, 2024, Turkey's Human Rights and Equality Institution (TİHEK) dismissed Besna Tosun's complaint of police brutality during a Cumartesi Anneleri protest. TİHEK's decision disregarded a Constitutional Court ruling that upheld the protesters' right to assemble, citing the police's actions as a justifiable response to resistance. This decision undermines the credibility of TİHEK and highlights a pattern of state institutions ignoring judicial decisions.
- What are the long-term implications of this decision for human rights protections and legal accountability in Turkey?
- The TİHEK ruling sets a dangerous precedent, potentially emboldening law enforcement to use excessive force against peaceful protestors. The dismissal's acceptance of police claims without rigorous investigation indicates a bias towards state actors, thereby discouraging future human rights complaints. The lack of accountability underscores the need for external mechanisms to monitor and investigate human rights violations in Turkey and for international pressure to promote accountability.
- How does TİHEK's decision reflect broader patterns of human rights violations and the response of Turkish state institutions?
- TİHEK's decision to dismiss Besna Tosun's complaint is symptomatic of a broader trend in Turkey of state institutions failing to uphold human rights and disregarding court rulings. The dismissal, which lacked credible evidence and ignored multiple witness accounts, reveals a systemic problem of impunity for law enforcement and a lack of accountability for human rights violations. This directly impacts public trust and erodes confidence in judicial processes.
Cognitive Concepts
Framing Bias
The narrative frames the police actions as a justified response to a disruptive protest, downplaying the violation of Besna Tosun's constitutional rights protected by the Constitutional Court. The headline (if any) and introduction would likely emphasize the police perspective, thereby shaping the reader's understanding to favor law enforcement's actions.
Language Bias
The language used in the decision is heavily biased toward justifying the police's actions. Phrases such as "makul bir tedbir" (reasonable measure) and "haklı müdahale" (justified intervention) are used repeatedly to legitimize the use of force against Besna Tosun. The description of her behavior as 'sinirli bir halde gerçekleştirdiği jest ve mimik hareketleri' (gestures and facial expressions performed in an angry state) is a subjective interpretation that minimizes the seriousness of her treatment. Neutral alternatives would focus on the factual account of events without subjective interpretations or loaded terminology.
Bias by Omission
The TİHEK decision omits crucial evidence, such as security camera footage from surrounding businesses and journalists present at the scene. The reliance on a single video provided by Besna Tosun, coupled with the dismissal of the lack of other evidence as due to technical limitations or unavailability, points to a significant bias by omission. The absence of a thorough investigation into readily available evidence undermines the credibility of the decision.
False Dichotomy
The decision presents a false dichotomy by framing Besna Tosun's actions as either 'resistance' or 'compliance' to police authority, ignoring the context of her peaceful protest and the violation of her constitutional rights. This simplifies a complex situation by ignoring the broader implications of the unlawful prohibition of her protest.
Gender Bias
While not explicitly stated, the decision implicitly favors the police's account by accepting their explanation without thoroughly scrutinizing their actions against a woman exercising her constitutional rights. The lack of investigation into the police conduct and disproportionate focus on Besna Tosun's reactions suggests a potential gender bias.
Sustainable Development Goals
The article highlights a case where the Turkish Human Rights and Equality Institution (TİHEK) dismissed a complaint of police brutality against a peaceful protester, despite a Constitutional Court ruling upholding the right to protest. This demonstrates a failure of the institution to uphold justice and protect human rights, undermining the rule of law and hindering progress towards SDG 16 (Peace, Justice and Strong Institutions). The decision by TİHEK to disregard evidence and the Constitutional Court ruling shows a lack of accountability and undermines the principles of justice and the rule of law. The actions of the police, and TİHEK's subsequent decision, directly contradict SDG 16.9 which aims to provide access to justice for all and build effective, accountable, and inclusive institutions at all levels.