Critical ruling from the Constitutional Court after 5 years: Rabia Naz investigation found 'careless'

In 2018, 11-year-old Rabia Naz Vatan was found severely injured in front of her home in the Eynesil district of Giresun and later passed away at the hospital where she was taken. Her mother, Atika Vatan, and father, Şaban Vatan, have waged a struggle for justice for the 7 years that have passed since their daughter's death.

The family argued that there were many shortcomings from the very beginning of the investigation, claiming that the crime scene was not examined in accordance with procedure, evidence was not collected correctly, collected evidence was not properly preserved, there were delays in taking witness statements, and expert reports were insufficient. For these reasons, they applied to the Constitutional Court, stating that their constitutional rights, primarily the right to life, had been violated.

Constitutional Court: "Investigation was not conducted effectively"

Evaluating the application, the Constitutional Court published its decision in the Official Gazette. The ruling emphasized that the family's application was not unfounded and that the claims regarding the violation of the right to life were admissible.

The court stated that the negligence experienced during the investigation process made it difficult to clarify the incident. It was noted that due to delays that could have led to the loss of evidence, inadequacies in the crime scene investigation, and the failure to conduct an effective investigation in the subsequent process, the investigation was not carried out with the "depth and seriousness required by the right to life."

TBMM, HSK, and law enforcement actions supported the decision

The ruling also included the finding from the report prepared by the research commission established by the Grand National Assembly of Turkey (TBMM) that the investigation was not conducted with due care. Similarly, disciplinary penalties imposed on some prosecutors by the Council of Judges and Prosecutors (HSK) and actions taken against police units were evaluated as confirming these deficiencies.

"No legal benefit in reopening the investigation"

The Constitutional Court stated that 7 years have passed since the incident and that the deficiencies in the collection of evidence cannot be remedied, noting that "no legal benefit is seen in reopening the investigation."

For this reason, while the court decided not to open a new investigation, it determined that the procedural aspect of the right to life had been violated and ordered the payment of a total of 350,000 Turkish Lira in non-pecuniary damages to the family.

Her father was released in recent days

Rabia Naz's father, Şaban Vatan, faced various lawsuits during the struggle he maintained following his daughter's death. Vatan, who was sentenced to 1 year and 8 months in prison in 2019 as a result of a lawsuit filed upon the complaint of former minister and AKP deputy Nurettin Canikli, was released on August 21 after spending 38 days in prison.