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
