Deniz Tekin
An investigation has been authorized against police officer O.İ. for "intentional injury, threat, and insult" after an incident in Diyarbakır where he allegedly broke lawyer Hakim Marol's arm in three places. However, the request to investigate officer M.T. for "disproportionate intervention" was denied.
Lawyer Hakim Marol objected to a traffic fine, which he claimed was arbitrary, in the Sur district of Diyarbakır on December 1. Following his objection, Marol was assaulted by traffic police officers, resulting in three fractures in his left arm, which later required a metal plate. Marol filed a complaint against the officers involved.
Footage from surveillance cameras (MOBESE) of the incident was included in the investigation file, showing Marol being assaulted by the police.
The Diyarbakır Chief Public Prosecutor’s Office launched an investigation against Marol for "resisting to prevent the execution of duty." The prosecutor’s office also requested permission from the Diyarbakır Governorship to investigate officers O.İ. and M.T. from the Traffic Inspection Branch Directorate for "intentional injury, threat, and insult."
Diyarbakır Governor Ali İhsan Su granted permission to investigate officer O.İ., who broke Marol’s arm. However, the request to investigate officer M.T., who also intervened during the incident, was denied.
Governor blames lawyer for ‘provoking’ the police
The governor’s decision cited a preliminary investigation report which claimed that Marol approached the officers who issued the traffic fine and "engaged in provocative speech and behavior," and "pushed and acted aggressively" towards officer M.T. The decision stated that, according to the Law on the Powers and Duties of the Police, the conditions for the use of force were met, and M.T. did not exceed the limits of lawful force. There was no concrete evidence of threats, insults, or assault by M.T., hence the decision not to authorize an investigation.
The report justified the investigation against O.İ., stating that he grabbed Marol’s arm to subdue him, and Marol’s resistance led to the arm’s fracture. It concluded that O.İ. exceeded his authority and intent in using force, thus authorizing the investigation.
Lawyer Marol has appealed the Diyarbakır Governorship’s decision not to investigate M.T. to the Regional Administrative Court.
