Sinan Ateş assassination at the Constitutional Court! Family continues search for justice

The Ankara Chief Public Prosecutor's Office had issued a decision of non-prosecution in the investigation into the Sinan Ateş assassination concerning 22 individuals, including former MHP MP Olcay Kılavuz and Ülkü Ocakları (Grey Wolves) President Ahmet Yiğit Yıldırım, for the crimes of 'intentional killing' and 'instigating intentional killing.' The appeal filed by the Ateş family's lawyers against this decision was also rejected.

Following this decision, Sinan Ateş's mother Saniye Ateş, and his sisters Sevda Ateş and Selma Ateş, through their lawyers Şeyda Şahin, Şeyma Nur Tefenli, and Onur Altuntaş, filed an individual application to the Constitutional Court (AYM).

"NO OTHER LEGAL PATH REMAINS"

In the application, it was stated that the confidentiality order on the file regarding the 22 suspects was maintained unlawfully and that access to evidence was obstructed. The application stated, “As a result of the decision by the Ankara 1st Criminal Judgeship of Peace to reject our appeal—which included new evidence—with no further recourse, there is no other legal path left to pursue against the concluded investigation process.”

The application, which argues that the right to life, the right to a fair trial, the right to an effective remedy, the right to a reasoned decision, and the principle of equality of arms have been violated, stated: “The obligation to protect individuals under threat of violence has been violated. Despite notifications and applications, necessary precautions were not taken in environments carrying life-threatening risks. The assassination was not investigated effectively.”

Recalling that the complaints filed by Sinan Ateş following numerous threats from members of the Ülkü Ocakları were left inconclusive, the following was noted:

“Due to the inaction and negligence reflected to the outside world by judicial authorities through non-prosecution decisions, this assassination was an accident waiting to happen, and the extent to which the threats were realistic was understood in an irreparable way upon the murder of Assoc. Prof. Dr. Sinan Ateş. It is clear that Sinan Ateş, who was killed as a result of events fueled by the provocation of an ultra-nationalist political group, was systematically and consciously targeted by this group. Indeed, it is known by the entire public that security forces who were clearly aware of the preparation for this crime and were complicit in the act not only failed to take any measures to prevent it but also engaged in actions aimed at destroying evidence and protecting suspects; the trial of some police officers whose files were separated in the scope of this crime continues through files at the Ankara 32nd High Criminal Court, which is at the appellate stage, and for some other defendants separated from the same file, it continues through files at the Ankara 32nd High Criminal Court.”

"EVIDENCE WAS DESTROYED"

Regarding the violation of the obligation to conduct an effective investigation, the application included the following explanations:

“The prosecutor's office did not conduct any necessary research or examination regarding the incident, especially concerning some suspects who hold political positions. Although Tolgahan Demirbaş, one of the defendants whose trial as an instigator continues in ongoing criminal cases, was caught while he was with and under the protection of the then-MHP Mersin MP Olcay Kılavuz, who is a suspect in the investigation file, evidence was destroyed by the security forces themselves by falsifying existing reports and preparing new ones.”

Stating that the right to a fair trial was also violated, the application noted:

“The statements of Ülkü Ocakları President Ahmet Yiğit Yıldırım, who is in the position of the person to whom Tolgahan Demirbaş—the instigator of the event who received an aggravated life sentence—transferred all the information and documents he obtained regarding Sinan Ateş, and former MHP Mersin MP Olcay Kılavuz, who is also alleged to be an instigator and who hid the defendant Tolgahan Demirbaş in his home and avoided handing him over to the police, were not even taken; the base station information, HTS, and PTS records of these political figures were not obtained, nor were their phones examined. As such, an effort was made to create a perception in the public eye as if the event were an ordinary murder, stripping it of its political identity. However, this was not accepted by society and has once again shaken trust in the judiciary and justice. In other words, contrary to the perception that judicial bodies and political powers are trying to create, the overwhelming majority of society thinks and knows that Sinan Ateş was the victim of a political assassination.”

"RESULTS OF OUR APPEAL PETITIONS ARE NOT BEING NOTIFIED TO US"

The application stated that “investigative authorities remained under political influence” and added, “Political figures involved in the incident and even those in the position of the main instigator suspects shaped the investigation as they wished. In this respect, it is self-evident that the investigation was not conducted urgently and that all limits of not realizing it within a reasonable time were intentionally pushed.”

The petition also noted that the right to an effective remedy was violated, stating: “The results of our appeal petitions, which we submitted to the prosecutor's office by signing them, were not notified to us, depriving us of the opportunity to follow the outcome of our appeals. Indeed, considering that the legal system is subject to time limits, it is highly probable that actions in this direction could lead to rights violations.”

The applicants requested that decisions for a new investigation and trial be taken to eliminate the rights violations.