Friday, January 6, 2017
Reporting from Suraj's members of the attorney team
After the result of the Suraj's supreme court, the attoreny members issued the report below regarding this lawsuit.
Reporting on the result of the lawsuit for state compensation
To whom it may concern,
With regard to the lawsuit demanding state compensation for the death of Mr. Suraj occurred during state funded deportation, we made an appeal on February 1, 2016 to the Supreme Court, as well as a request for the acceptance of the case. Unfortunately, on November 9th, at the 2nd Small Court of the Supreme Court, we were given the decisions that the appeal had been rejected and the request for the acceptance of the appeal had not been accepted, hence as a result, it was established that the plaintiff had ultimately lost the case. There was no substantial mentioning of the reasons for the decision, only the following were stated: “In a civil law case, a Supreme Court appeal is permitted only in case of provisions provided in the Civil Suit Act Article 312 Section 1 and 2, so given the fact that the reason for appeal in this case is stated as unconstitutionality, the argument itself is actually concerned only with factual errors and mere violation of legislation, hence it clearly does not fall under the above provisions.” and “In accordance with the reason for objection in this case, the need for acceptance of this case is not recognized according to the Civil Suit Act Article 1 Section 1”.
Without showing any resistance, Mr. Suraj was surrounded and carried on the plane by several immigration officers who used legally unregulated tools such as gags, leg cuffs, and zip ties. He was strongly forced into a forward leaning position which lead to the worst outcome, namely his death. Yet, in the end, the judiciary has not recognized the state’s responsibility. Extensive restraints and pressure was applied to him that lead to his death, still the unlikely decision has been legally established that the sole reason was a disease he already had. We, the members of the attorney team are deeply outraged by this outcome of injustice. Moreover, if we think that this result has been reached approximately six and a half years after Mr. Suraj’s death, about five years after filing the suit for state compensation, we do not even know how to describe the sorrow that we feel towards Mr. Suraj and his family. While such actions led to the unthinkable outcome of one person losing his life during deportation, under the current situation, it is still difficult to say that any more considerations are given in practice of immigration control system to detainees’ and deportees’ human rights than before. Regarding the administration of immigration control, it would be extremely necessary to make considerations that human rights do not get violated and that mechanism are put in place that make it possible to constantly monitor the legality and validity of implementation by video recording of the full deportation process, especially if we think of the enormous effects that it can have on the deportee’s life, body, and freedom.
While the members of the attorney team express their appreciation to everyone who has been giving us tremendous support, we also would like to aim for the eradication of human rights abuse from immigration control administration, hopefully with continuous cooperation from you.
Members of the attorney team