Prosecutors in the eastern province of Hakkari have dismissed an investigation into allegations that two Iranian Kurdish migrants were tortured and mistreated after crossing the border into Turkey.

The Hakkari Chief Public Prosecutor’s Office said there was no sufficient evidence to bring a public case over the complaints filed by Salah Bimari and Resul Bimari.

The two men were detained near the Şemdinli border area on May 15. They were arrested on May 18 and sent to Hakkari Closed Prison.

The Bimaris said they were subjected to torture and mistreatment in police custody and prison. Resul Bimari also reported being sexually assaulted while in custody.

Prosecutors said they reviewed the men’s statements, medical examination reports prepared when they entered prison and security camera footage from the detention facility and police station.

The decision said “no sufficient evidence, free from any doubt, was obtained to warrant a public prosecution over the allegations that they were beaten.”

Medical reports

Medical reports cited in a preliminary findings report documented injuries on both men. The report was prepared by the Hakkari Bar Association, the Hakkari branch of the Human Rights Association (İHD) and the Hakkari branch of the Lawyers for Freedom Association (ÖHD).

Resul Bimari had wounds below his knees, bruising on his thigh and a missing left front tooth, according to the report. Salah Bimari had bruising around his eyes and several bruised areas on his thighs.

The report also said the men, who do not speak Turkish, were initially examined without an interpreter. Resul Bimari’s sexual assault allegation was not included in his first medical record dated May 18. It was recorded during a second hospital visit on May 20.

Rights groups to appeal decision

The three organizations claimed the investigation had not been conducted effectively and that available evidence had not been adequately assessed. They plan to challenge the decision and seek an independent and effective investigation into the allegations.

The Bimaris said soldiers who detained them at the border did not mistreat them. They alleged that the abuse occurred at the Şemdinli District Security Directorate and during their time in prison.

Resul Bimari said he was tortured and sexually assaulted in rooms without cameras at the security directorate. Salah Bimari said he heard Resul’s screams before being taken to the same area and tortured.

Resul Bimari also said he was beaten again in prison on Jun 10 and subjected to violence with an electric shock device and an iron baton.

The three organizations filed a criminal complaint with the Hakkari Chief Public Prosecutor’s Office on Jun 25. They requested the preservation of camera footage and duty rosters, independent medical examinations in line with the İstanbul Protocol and the suspension of public officials named in the allegations during the investigation. (NÖ/VK)