Turgut and Şiban's lawyers apply to Constitutional Court

The lawyers of Turgut and Şiban applied to the Constitutional Court on the grounds that their "freedom to seek justice and fair trial" rights were violated.

The lawyers of Osman Şiban, who was thrown from a helicopter after being taken into custody by soldiers carrying out an operation on September 11 in Sürik (Yoğurtlu) hamlet of the Çığlıca village in Çatak (Van), and the lawyers of Servet Turgut, who lost his life in the same incident, applied to the Constitutional Court (AYM). The confidentiality order brought to the investigation file regarding the incident continues.

The lawyers of Turgut and Şiban applied to the Constitutional Court on the grounds that their "freedom to seek justice and fair trial" rights were violated.

In the application, the lawyers stated that although they were the complainant party, their freedom to access all files was restricted.

Osman Şiban told Istanbul independent MP, Ahmet Şık, that he was having tea in front of his house when he saw three soldiers nearing. They were bringing Servet Turgut. "They had put something like a sack on Servet's head," remembered Şiban who added that the soldier asked who Osman Şiban was. "I raised my hand and said 'I am Osman Şiban'. 'Come here', they said. I stood up when they came to me. They removed the sack from Servet's head and asked him 'is this Osman Şiban?'. Servet said 'Yes'. They continued yelling: 'Tell the truth, is this
Osman Şiban?'. They asked this three times. Later they asked for my identity card, which I gave them. A soldier looked at the card, and pointing to Servet Turgut, asked me if I knew him. I said 'Yes, he is Servet Turgut, he is my nephew, how can I not know him'."

According to the report compiled by deputy Ahmet Şık "Servet Turgut and Osman Şiban were detained at around 4 or 5 pm and taken into a helicopter, were they were tortured and beaten during their entire flight.

The helicopter then landed in Van Gendarmerie Command Post, the villagers were thrown onto the ground and torture continued. Turgut and Şiban were lynched by many soldiers.

The conditions of the villagers worsened and on 11 September 2020, at around 7 pm, they were taken by plain clothes gendarmeries in separate cars to the two different branches of Private Lokman Hekim Hospital in Van.

Turgut, whose condition was worse, was taken to Lokman Hekim Van Hospital which had better facilities. Şiban was taken to Lokman Hekim Life Hospital on Milli Egemenlik Avenue in Serhat Neighbourhood."

The report continued: "Witnesses said that the plain clothes gendarmeries who brought Şiban to the hospital told hospital staff that 'these are terrorists. We caught them during a clash, but they tried to escape by jumping off the helicopter'. We can say that the allegations about the two villagers "falling of, or being thrown off" were actually given by the perpetrators.

The soldiers thought that a true statement about the torture and lynching could not be made. What they said to hospital staff and other people around, was heard by the families which found their relatives in intensive care units, and the relatives then passed these comments on to lawyers, journalists, and HDP Deputy Murat Sarısaç."