A new step has been taken regarding the armed attack that occurred on April 15 at Ayser Çalık Secondary School in Kahramanmaraş. The Onikişubat District Governorate has granted permission to investigate school principal C.K., vice principal F.B., Religious Culture and Moral Knowledge teacher A.T., and guidance counselor E.İ. on charges of "abandonment," "failure to report a crime," and "misconduct in office."
In the attack, teacher Ayla Kara and 9 students lost their lives, and 15 students were injured. The Kahramanmaraş Chief Public Prosecutor's Office had previously initiated an ex officio investigation into the school staff in question.
FINDINGS IN THE DECISION
As reported by ANKA, the District Governorate's decision stated that the referral report from Ministry of National Education inspectors, prosecutor's office documents, and the report and its annexes prepared within the scope of the preliminary investigation conducted by the Kahramanmaraş Governorship were evaluated.
According to the decision, camera footage showed that school principal C.K. and vice principal F.B. came from the ground floor to the entrance of the first-floor corridor where the attack took place upon hearing gunshots, and that they exited the school building after witnessing the attack. The decision noted that both administrators confirmed this situation in their statements.
The investigation permission decision emphasized that the principal and vice principal are primarily responsible for the safety of the educational environment and were in a "guarantor" position toward the students at the time of the attack. The decision stated that these individuals were expected not to confront the armed attack, but to organize steps aimed at ensuring student safety within the framework of existing conditions and possibilities.
"It is understood that C.K. and F.B. had obligations such as ensuring the safety of students in their environment, particularly those in the 5/D class, after witnessing the attack, moving them to a secure area, carrying out their evacuation from the school, or organizing all of these; instead of all this, it is understood that they headed outside the school building and abandoned the institution."
The decision included an assessment that the principal and vice principal called 112 after leaving the school, but caused harm and put students in danger by failing to fulfill their obligations to protect them.
A separate assessment was made regarding Religious Culture and Moral Knowledge teacher A.T. According to the decision, A.T. opened the door of the 5/G class where he was on duty upon hearing gunshots and looked in the direction the sounds were coming from; after realizing there was an attack, he ran toward the ground floor without taking any warning or protective action for the students. It was stated that judicial authorities should evaluate whether this behavior constitutes the crime of "abandonment" under Article 97 of the Turkish Penal Code (TCK).
Regarding guidance counselor E.İ., it was determined that students had conveyed their concerns about İsa Aras Mersinli's tendency toward violence to him approximately two months before the attack. The decision noted that although Mersinli had received guidance services 29 times, the notification obligation under the Child Protection Law had not been fulfilled.
CALL FROM THE LAWYER TO EXPAND THE PROCESS
Those under preliminary investigation have the right to appeal the investigation permission decision to the Gaziantep Regional Administrative Court. Furkan Mehmet Cinkara, the lawyer for the students who lost their lives and were injured in the attack, said the decision is an important step toward the realization of justice.
Cinkara stated that the process should not be limited to only the four personnel working at the school, adding that the school's physical security deficiencies, supervisory responsibilities, and measures taken for schools following similar previous incidents should also be investigated.
"We will follow up to the end on all necessary administrative and legal steps being taken so that similar pains are not experienced again."
In the first hearing held at the Kahramanmaraş 3rd High Criminal Court on September 4, guidance counselor E.İ. had been heard as a "witness." Family lawyer Cinkara had argued that E.İ. could not be heard as a witness and requested that a criminal complaint be filed against him with the Chief Public Prosecutor's Office.
News Source: 12punto
