Investigation of the Allegations that the Victim’s Statement was Changed Under Duress, Depending on the Situation, the Victim’s Participation in the Complaint Should Be Evaluated Supreme Court Decision

T.C.
Supreme
1. Criminal Department

Main Number:2014/1081
Decision No:2014/3771
K. Date:8.7.2014

Upon the appeals of the defendant Behçet’s defense attorney and the participating Tolga deputy, the defendants B. Sh. and s.. R.. they are accused of intentionally injuring the victim Tolga, the child who was dragged into the crime N.. T.. in the examination of the provisions established about the victim Tolga without deliberately instigating him to kill;
The victim Tolga, who complained about all the defendants during the investigation stage, was arrested at Gaziantep 17. Gaziantep 3, where he changed his statement about the occurrence of the incident at the Criminal Court of First Instance dated 17.08.2010 and stated that he did not complain about the defendants Salman and Behçet, and the trial continued on the decision of dismissal from duty given by the Court. By the Assize Court Hearing dated 28.10.2010 most people in the narrative, the defendants because the expression is threatened by change and quit your complaining, the other suspects and the case is a complaint against the defendants and by announcing that he wants to join the combined file Nasrin complain about a child who has committed the crime of having pointed out that the pressures for change by acting in the same session Tolga Tom’s testimony claims in relation to a bet of, it is understood that the investigation of the outcome of an ongoing investigation has been requested, but the Court has ruled in writing on the continuation of the trial without conducting research on this issue, exposed to the pressure of the helmet was modified by the defendants of participating and having to give up complaining to investigate allegations of the expression following the assessment of the helmet accused who has committed a crime in a public trial and the rights of the child and to participate in the request of the defendants made a decision about the legal situation after the completion of this assignment required in the process of usuli,
This required an annulment, and since the appeals of the defendant Behçet’s defense attorney and the participating Tolga deputy were considered in place in this respect, the other aspects of the provisions that were not examined were primarily for this reason and contrary to the idea in the communiqué CMUK.nun 321.in accordance with the article, the decision was made unanimously on 08/07/2014.

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