AMED – The Constitutional Court (AYM) ruled that the right to life was not violated in the case of 17 year old Rozerin Cukur, who was shot during a curfew in the Sur district of Amed (Diyarbakır). While the legal process continues with allegations that Cukur was a “terrorist organization member”, lawyers have taken the case to the European Court of Human Rights (ECHR).
Rozerin Cukur was shot on January 8, 2016, during a curfew in Sur, and her body was returned to her family months later. The investigation file resulted in a decision of “no prosecution,” and objections were dismissed. The Human Rights Association (IHD) Amed Branch applied to AYM on November 18, 2020, citing “violation of the right to life.”
The AYM decision accepted the claim that Rozerin was a “terrorist organization member”, stating she was killed in “self-defence” and that the use of force was proportional. The ruling noted, “The failure to take statements from officials involved in the clashes was not considered a necessary of beneficial evidence collection as required by the obligation to conduct an effective investigation.”
‘RULING BASED PURELY ON ASSUMPTIONS’
Lawyer Abdullah Zeytun stated that the AYM relied heavily on the state’s security narrative: “The court acted on the assumption that Rozerin was a member of a terror organization and found the use of force ‘absolutely necessary and proportional’. This ruling aligns with AYM’s approach to curfews. Rozerin was only 17 and wearing a school uniform; there is no concrete evidence she posed a lethal threat.”
Zeytun criticized the decision as “one-sided and security-focused,” adding: “The assumption that Rozerin would continue her actions or not surrender amounts to extrajudicial execution. There is no clear evidence whether she was armed of firing; the ruling is based purely on assumptions, which contradicts basic legal principles.”
'RESPONSIBILITIES OF POLICE AND MILITARY REMAIN'
IHD Amed Branch lawyer Yakup Guven emphasized: “Even if Rozerin is considered a member of a terror organization, police and military responsibilities remain. Concrete evidence is needed to clarify what threats she posed and what methods were used by authorities. No such evidence exists; police statements are not credible.”
Guven stressed: “There is no official report supporting claims of clashes. The investigation was ineffective; no witnesses, evidence or suspect statements are included in the file.”
Finally, Guven said the case was taken to the ECHR: “Impunity has long been a curse on this community, increasing grievances. We will continue to expose the system and fight for justice.”
MA / Rukiye Payiz Adıguzel