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Sun, 10. Sep 2006
9-year-old Mizgin Ozbek and two others were sprayed with bullets in a car in
southeast Batman while officials maintain child was caught in cross-fire.
Human rights NGOs and local Bar Association set up fact-finding delegation.
A nine year old child named Mizgin Ozbek was killed by gunfire in the
southeast province of Batman on September 5, Tuesday.
In a statement on the incident, the Batman Governor's Office said she was
caught up in a cross-fire between security forces and terrorists. Her
mother, Samiye Ozbek says their vehicle was sprayed with bullets. Wounded in
the same attack, she is under treatment in hospital.
Two of Turkey's most leading human rights organizations, the Human Rights
Association (IHD) and the Association for Human Rights and Solidarity with
the Oppressed (MAZLUMDER) have joined forces with the Bar Association and
set up a fact-find mission to investigate the incident.
Batman IHD chairman Saadet Becerikli has told bianet they regard the case as
a violation of the right to life for three individuals while raising concern
that the country's controversial new Anti-Terror Law may be leading to
extrajudicial killings. He said the fact-finding delegation would
investigate the scene of incident and interview witnesses before sharing its
findings with the public in the coming days.
Contrasting Statements
According to the statement issued by the Batman Governor's Office, a clash
took place in a rural zone of the Taslidere village of Batman's Kozluk
district when two suspects opened fire on security forces patrolling the
road with long range weapons.
During the clash, the statement said, Mizgin Ozbek who was in a car was
killed and her other Samiye was wounded and later taken to the Batman State
Hospital. The two "terrorists" meanwhile, were killed and their weapons
alongside 2 kilogram of C-4 explosives were confiscated.
But Becerikli, who visited mother Samiye Ozbek in hospital the same day,
quoted her saying: "I was ill. Together with my son Hadi and daughter Mizgin
we were going to the hospital in Batman. On the way, two teenagers
hitchhiked. We picked them up. As we were carrying on on our way, suddenly
bullets started to rain on us. Our car was sprayed with bullets."
GUNDEM COCUK: No Justification
A statement made by the GUNDEM COCUK (Child) Association to bianet stressed
that the most important aspect of this incident was that a child had lost
her life in a conflict where she could not have taken sides.
"It should not be forgotten that however this incident may have happened,
the violation of right to life for Mizgin is an issue. And this death cannot
be declared as just or justified", the statement said.
The Association called for a thorough investigation into the incident and
for those who may have through negligence or their responsibility caused the
death of Mizgin Mizgin Ozbek to be identified and the public be informed of
the findings.
Brother released
IHD's Becerikli said that the car's driver and Mizgin Ozbek's brother Hadi
Ozbek who previously appeared at the Prosecutor's Office under heavy
security measures was brought before court on Wednesday and released.
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Investigation Demanded Into Kurdish Girl Death
The right to life of 11-year-old Kurdish girl in Batman might have been
neglected while two suspects killed in the same incident could have been
apprehended alive, concludes a fact-finding mission of human rights NGOs.
Security forces might have neglected the right to lifeof Mizgin Özbek, says
the fact-finding mission, comprised of Turkey's most leading human rights
organizations in association with the local Bar Association, on the killing
of the 11-year-old Kurdish girl in the eastern Turkish province of Batman.
A nine year old child named Mizgin Ozbek was killed by gunfire in the
southeast province of Batman on September 5, Tuesday.
In a statement on the incident, the Batman Governor's Office said she was
caught up in a cross-fire between security forces and terrorists, two
suspected members of the outlawed Kurdistan Workers Party (PKK) who were
hitchhiking in the same car. Her mother, Samiye Ozbek says their vehicle was
sprayed with bullets. Wounded in the same attack, she is under treatment in
hospital.
The Human Rights Association (IHD) and the Association for Human Rights and
Solidarity with the Oppressed (MAZLUMDER) delegation looking into the
September 5 death of Mizgin said they were not allowed to examine the
official investigation file on the incident due to a secrecy order imposed
by the prosecutors office.
The organizations announced, however, that all current findings suggested
that the incident which left Mizgin dead and her mother Saniye and elder
brother Hadi wounded, showed necessary care was not shown in protecting
their right to life.
According to the report prepared by the delegation now gearing up to submit
it to the Turkish Parliament and the Batman Governors Office, many of the
findings contradict the initial official statement that a clash took place
in a rural zone of the Taslidere village of Batman's Kozluk district when
two suspects opened fire on security forces at a roadblock on the road with
long range weapons.
During the clash, the official statement had claimed, Mizgin Ozbek who was
in a car was killed and her other Samiye was wounded and later taken to the
Batman State Hospital. The two "terrorists" meanwhile, were killed and their
weapons alongside 2 kilogram of C-4 explosives were confiscated.
Said the fact-finding report:
* Investigation at the scene of incident showed that because the scene
itself was a very narrow and closed stream, because there was no possibility
for those involved to have escaped, there is a strong possibility that they
could have been apprehended alive.
* At the scene of incident a large number of foreign origin empty cartridges
belonging to long-range weapons were found. In official statements that
appeared in the press, it was claimed the militants had thrown bombs.
Nothing was found to support this.
* It is understood from his own statements that Hadi Ozbek who was driving
the car during the incident was subjected to verbal and physical insults and
torture.
* The dragging of Mizgins dead body after the clash by holding her by the
hair in front of her older brother has deeply effected her brother and when
he was telling our delegation about the incident, he was having difficulties
because he cried.
* According to witness Hadi Ozbek's statements, the bodies of the two armed
organization members who were killed were dragged for a while before they
were sprayed with bullets again. Batman Governor Haluk Imga, on the other
hand, said officials told him such an incident never took place. This issue
will be understood more clearly when the post-mortem report is examined.
* A confiscation order issued for the vehicle used by Hadi Ozbek had
prevented any examination of the vehicle. According to information received
>from the outside, the Kozluk Public Prosecutors Office has not opened a
separate investigation into the killing of Mizgin Ozbek but preferred
instead to investigate her death in the capacity of the current
investigation.
The delegation made the following requests:
* We believe that the recently passed Anti-Terror Law article authorizing
security forces to open fire on anyone without warning them to stop will
lead to disproportional use of force and bring together with it abuse of
authority. This law must be changed as it constitutes a risk for the right
to life of people.
* Competent authorities must investigate whether there is a neglect or
carelessness in the killing of an 11-year-old child and finalize this
investigation as soon as possible.
* An effective and just investigation into this incident is our request as
much as the requirement of national and above national conventions that have
been signed.
Kemal OZMEN