Turkey's top court rules for rights violation in case into Gezi protester hit by gas canister

Duvar English

Turkey's Constitutional Court has ruled for a right violation in the case into a protester hit by a gas canister during Gezi Park protests of 2013.

According to the court, Melih Dalbudak's right to life was violated, as it also fined the state to pay 10,000 Turkish Liras to the complainant as compensation, ANKA News reported on March 27.

Dalbudak was wounded with a tear gas canister fired by police on Sept. 10, 2013 in Istanbul's Beyoğlu district during the protests, which took place in Taksim following harsh government response to a group of protesters trying to prevent the cutting down of trees for a large development project planned by the government.

Dalbudak then filed a complaint on the issue and an investigation was launched into the incident, with authorities examining security footage near the scene.

Two police officers, identified only by the initials as E.D. and F.D., were determined from the security footage, but a probe into them weren't allowed since "they weren't on the street that Dalbudak was shot and the protesters were attacking security forces."

Dalbudak then sued the Interior Ministry and the police force, demanding compensation. This case was also rejected, prompting the complainant to take the case to the Constitutional Court.

The top court said that authorities failed to explain by whom the gas canister was fired and the reason for why police had to use force.

It also questioned whether police officers who used tear gas received the necessary training, concluding that Dalbudak was wounded as a result of uncontrolled use of tear gas.

"Therefore, the right to life was violated," the court said, adding that the necessary caution and speed were lacking in the case.