Deniz Tekin
The First Chamber of Turkey's Board of Judges and Prosecutors (HSK) has rejected a complaint filed by the Diyarbakir Bar Association and the Tahir Elçi Human Rights Foundation against prosecutors K.K. and U.İ., who were allegedly involved in torturing and coercing witness Deniz Ataş in the Tahir Elçi murder case. The HSK did not provide a reason for its decision and also declined a request for a re-examination of the case. The complaint has now been escalated to the HSK General Assembly.
Deniz Ataş, a witness in the high-profile murder case of prominent lawyer Tahir Elçi, testified in court on July 12, 2021, that the information in his file was false and that he did not film Elçi's murder as previously claimed. Ataş reported being captured in Diyarbakır's Sur district, where Elçi was killed, and being tortured and threatened to implicate himself in Elçi's murder. He alleged that prosecutor K.K. forced him to take responsibility and threatened execution. Ataş claimed to have been misled by the police and the prosecutor, professing his ignorance about Elçi's death.
Another witness, Ekrem Özgün, denied during the same trial that he had witnessed Elçi's murder or identified the perpetrators, contradicting his earlier statements recorded during the investigation. Özgün claimed to have been tortured for 48 days.
In a letter sent to the Diyarbakir Bar Association on August 17, 2021, Ataş detailed his arrest in the Sur district, the severe torture he endured, and how prosecutor K.K. pressured him to falsely accuse Mahsum Gürkan and Uğur Yakışır of Elçi's murder, threatening his life if he didn't comply. He also mentioned a visit from K.K. at the Diyarbakir Security Directorate, where he was coerced into blaming the PKK for the incident and warned not to mention their conversation to his lawyer.
Following these revelations, the lawyers of Elçi's family demanded that a criminal complaint be filed against prosecutor K.K. for unlawfully obtaining false witness testimony and against prosecutor U.İ. for concealing crucial information in the case. However, the Diyarbakır 10th High Criminal Court dismissed these requests, citing a lack of "concrete evidence."
The Diyarbakır Bar Association and the Tahir Elçi Human Rights Foundation subsequently filed a complaint with the HSK against prosecutors K.K. and U.İ., alleging that they coerced witnesses into giving false statements and withheld important evidence. They also highlighted the concealment of information and evidence from Elçi's family lawyers, noting the failure to collect evidence in a timely manner and the long-term absence of any suspects in the case file.
The HSK's First Chamber, however, declined to process the complaint against the prosecutors, and its decision was later upheld upon appeal. The case is now pending review by the HSK General Assembly.
Meanwhile, prosecutors K.K. and U.İ., accused of coercing false testimony, have been promoted. K.K. became the deputy chief public prosecutor in Manisa, while U.İ. was appointed as a member of the Istanbul Regional Court of Justice. Witness Ataş, after providing his testimony, was transferred from the Bolu F Type Prison to the İzmir 1st F Type Prison.
During his imprisonment, Ataş was visited by individuals claiming to be members of the National Intelligence Organization (MIT), who pressured him to retract his statement and threatened him with further consequences. His refusal led to his transfer to İzmir.
Additionally, Mahsuni Karaman, one of Elçi's family lawyers, reported being locked in a room at the Diyarbakır Courthouse on the orders of prosecutor U.İ. during the Elçi trial on June 15, 2022. Karaman claimed this was in retaliation for his efforts to uncover a 13-second gap in police camera footage related to the case.
