Acquittal in Tunceli child sexual abuse case: 'A family like the Palu family'

Aslı AĞIRDİL - 12punto.com.tr

The legal process began after a child, who alleged she was sexually abused by her uncle O.T. in a village in Mazgirt, Tunceli, in 2018, told her aunt about what she had experienced. The indictment for the investigation, which was launched following complaints from the aunt and doctors, was accepted in 2021.

In the prepared indictment, the prosecution stated that there was 'sufficient suspicion' that the uncle, O.T., had committed the alleged crime, and requested a sentence for the charges of "sexual abuse of victims under the age of 12 and deprivation of liberty." In the first hearing held at the Tunceli 1st High Criminal Court in October 2021, O.T. denied the accusations.

In the hearing held on September 30, 2022, the court panel sentenced the defendant O.T. to 6 years and 3 months in prison, ruling that the crime remained at the 'molestation level.' O.T. did not enter prison during this period. The prison sentence handed down by the Tunceli 1st High Criminal Court was overturned on appeal. In the appeal filed on behalf of the victim, it was argued that the decision was contrary to Court of Cassation (Yargıtay) precedents, and it was requested that the crime be classified as 'qualified sexual abuse of a child.' On January 10, 2024, the Tunceli 1st High Criminal Court acquitted the uncle, O.T., citing a lack of sufficient evidence. The child's aunt, H.O., reacted to the court's decision and is demanding that the uncle, O.T., be punished.

HALLUCINATIONS, DELIRIUM

Speaking to 12punto, Aunt H.O. stated that the mother's mental health was not stable and that she wanted to harm the children. The aunt, who filed a criminal complaint after her niece R.O. described what she had been through, explained the process as follows:

“The incident occurred in 2018 when R.O. was 6 years old. The child was at school, preparing for an April 23rd performance. We had even bought her outfit. Her mother took the child away and brought her back after a while. When she returned, there was a major change in the mother. She was already strange and receiving psychiatric treatment. We didn't understand anything. One day, while sitting in front of the door, the child told me and her uncle; 'my uncle punched me.' R.O. was 6 years old at the time. I asked, 'Why did he punch you?' Because I was constantly looking after her. They would leave her with me and go. Then her brother said; 'don't say anything, don't, don't.' The girl was scared and couldn't say anything. Later, my niece was getting married. During her wedding, R.O. woke up at night. Hallucinations, delirium, screaming 'mom, don't,' crying. We were suspicious then, but we couldn't be sure. Later, these events progressed. The mother already attempted suicide.

At that time, she blamed me for the crime. She thought I was acting like the children's mother and father. That's why she didn't want to give them to me. She saw me as an enemy and filled her children's heads with that. When she was away from me for 6 months, my sister attempted suicide. We took my sister to the hospital. Then we brought them to us. The mother didn't want that. At that time, R.O.'s behavior changed. Six months later, Social Services called me. They informed me that the mother had said, 'I cannot take care of my children, I want to do them harm.' They said, 'If you don't take care of the children, we as the General Directorate of Social Services will take them.' I then filed a lawsuit to gain custody of the children.

‘AUNT, DON'T GIVE ME TO ANYONE’

After I gained custody, R.O. became very unwell. She started wetting the bed day and night. Upon this, the psychologist also said they would file a criminal complaint. The court gave me temporary custody of the children. During this time, I also filed a lawsuit to restrict the guardianship. Then I lost the case. When I lost the case, the child got scared. Crying, she said, 'Aunt, don't give me to anyone,' and told me about the incident.

DOCTORS HAVE STATEMENTS OF RAPE

Stating that they received reports from the Forensic Medicine Institutes in Ankara and Istanbul, Aunt H.O. stated that the lawsuit was filed after doctors said the child might have been raped. The aunt shared the following:

"We gave our statement to the Child Monitoring Center (ÇİM). After ÇİM, we gave our statement to the Ankara 17th Family Court. R.O. testified at the Tunceli High Criminal Court hearing. We received the report first from the Ankara Forensic Medicine Institute and then from the Istanbul Forensic Medicine Institute. Ankara University doctors have statements saying 'the child may have been raped.' The lawsuit was filed. It was merged with the Tunceli 1st High Criminal Court. During this process, we won the case."

'GRANDFATHER WALKS AROUND THE HOUSE NAKED'

Aunt H.O. made a comparison to the Palu family, which once horrified Turkey, regarding the victim's family. Stating that the victim's grandfather walks around the house naked, Aunt H.O. said:

“The mother is mentally ill, a woman with sexual perversions. She is constantly trying to be with someone. Her youngest son saw his mother having intercourse with another man. He told us. The son is currently 7 years old. He was 3 or 4 at the time. A family like the Palu family. The grandfather is a man who walks around the house naked. We had actually won the case. Because the child has testified in four different places. But what did they do? They found influence in the Erzurum Court of Appeal. The court panel changed. The new panel upheld the acquittal decision that the Court of Appeal had overturned. In the last hearing, they gave an acquittal decision. He was benefiting from probation, that was also lifted. He is free right now. A pervert has been unleashed into the world, into Turkey.”

THEY ARE THREATENING

Explaining that she will continue her legal struggle and stating that she has been threatened by her brother, the aunt said:

“We have filed an appeal again. Then we will go to the Court of Cassation. We will try to overturn this case from the Court of Cassation. I also have a case in the 17th Family Court. At the same time, there is a case to restrict my guardianship so that the children are not given to me. I am dealing with all of them. If the court is going to take these children again and give them to this abnormal family, what kind of thing is this? Before the case was even concluded, my brother came to the front of the door and cursed and insulted me. He said, 'We won the case, we were acquitted.' How does he know this? Now they say they will take the 17th Family Court case too. They are threatening me. They are shouting, 'We will drag you through prisons, you slandered us. You will see, you will be punished. You will lose the cases.'"