Prisoner Şehmuz Emen in Adana Kürkçüler Type E Closed Prison was tortured in front of the cameras for asking the guards about the result of his application for hospital referral on February 22, during the census. Emen, who was put in a poured water cell as naked, lost his auditory modality and his sight as a result of the battering by guards.

 

TWO SEPARATE CASES ABOUT THE GUARDS

 

 

After Emen filed a criminal complaint with the Adana Chief Public Prosecutor's Office, two different investigations were launched against the guards. After the investigation, Emen was transferred to Adana Kürkçüler No. 1 Type T Closed Prison. While the Prosecutor's Office prepared an indictment against guards Caner Güney and Halit Arıkan on charges of "exceeding the limit regarding the right  to use force" and “actual bodily harm”, Adana 23rd Criminal Court of First Instance accepted the indictment and filed a lawsuit against guards Güney and Arıkan. The first hearing of the case will be held on October 13.

 

In the second investigation of the prosecutor's office, while the guards Çağatay Şimşek, Hasan Gökçe, Hidayet Cankurt, Reşit Deprem and Yücel Moralı were preparing an indictment for the crime of "torture", Adana 10th High Criminal Court accepted the indictment and opened a case about Şimşek, Gökçe, Cankurt, Demprem and Moralı.  The first hearing of the case will be held on September 28.

 

 

In the indictment, the prosecutor stated that the investigation started on February 24, 2022, upon Emen's complaint, and included Emen's statement. In his statement, Emen said that after an argument during the census, the guards made him lie on the floor and pull him out of the room, and then he was battered. Emen, in the continuation of his statement; he stated that he was put naked in D-20 the 2nd room of the 1st floor with only his underwear, again there was no bed in the room and the floors were wet by the guards and he was told to "get in cell, sit on the wet floor" and he complained about the incident in question. 

 

THE GUARDS’ TORTURE IN THE REPORT OF THE EXPERT

 

In the indictment, the expert report was prepared on the torture footages reflected in the camera records was also included. It is seemed in the footages that the guards kicked, battered and dragged him. It was determined that the guards took the items like beds and blankets out of the room. It was determined that the complainant left his clothes outside the room and entered the room with only boxer (underwear) and socks on his feet. It was determined that guards took the 5-liter bottle and poured the liquid in the bottle on the floor in the room, especially on the floor where the bed was lifted. It was also determined that the guards closed and locked the door and left.

 

THE GUARDS OPPRESS THE FAMILY TO STOP THE CASE

 

Condemning the torture, Emen's older sister, Perihan Güngör said: “The guards offered us money to give us up on the case. We will not give up on the case. As a family we are deppressed since the moment we watched the torture footage. My brother had auditory modality and sight problems. I will stand in front of them so that they do not hurt others."

 

ATTORNEY: THIS IS TORTURE

 

 

Emen's attorney Mehmet Nuri Toprak, who gave information about what happened, said that the torture was reflected on the cameras, that his client was taken to a cell instead of being taken to the observation room. Toprak said: “My client was tortured only because he asked for a referral to the hospital and asked about the outcome of his referral. My client was subjected to systematic torture and that two different lawsuits were filed against the guards upon the complaint. The situation my client went through is called torture. The pressure on my client and his family should be end and the judiciary should make the necessary decision.”

 

 

MA / Hamdullah Yağız Kesen