HALKWEBAuthorsArmor of the State, Grave of Justice: Who is Responsible in the Gulistan Doku Case?

Armor of the State, Grave of Justice: Who is Responsible in the Gulistan Doku Case?

What did you do in this process, what did you not do and why?

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Gülistan Doku's disappearance since January 5, 2020 is no longer a ’disappearance case“; it is a crisis of law and politics in which the conditions under which the state protects whom are questioned.
This case should no longer be about abstract concepts, but concrete responsibilities.

Responsibility is Associated with Authority

If the allegations in the public domain are true, the responsibility of the following authorities is indisputable in this process:
Governor of Tunceli at the time: As the highest authority of the provincial administration, he is primarily responsible for all security and administrative processes.
Provincial Police Chief and Public Security Units: Directly responsible for evidence security, record keeping and proper conduct of the investigation.
Gendarmerie Command Responsible for all judicial and administrative actions within the scope of its jurisdiction.
Relevant prosecuting authorities: Critical to the fulfillment of the obligation to conduct an effective and independent investigation.
For these authorities, the basic question is clear:

What did you do in this process, what did you not do and why?

A Clear Framework in Law

According to the Turkish Penal Code:
Evidence tampering (TPC 281),
Favoring the guilty (TCK 283),
Abuse of office (TCK 257) is a crime.
If the allegations include destruction of camera recordings, erasure of digital data and failure to follow official procedures, these acts give rise not only to individual but also to chain and corporate liability.

For Whom Was Public Power Used?

At the center of the allegations is this critical question:
Were the state's resources used to find a missing young man?,
or was it put in place to protect a particular suspect?
The answer to this question will also reveal whether the Constitutional principle of equality has been applied.

Political Responsibility: Silence is a Choice

There is not only bureaucratic but also political responsibility in this case.
If despite such heavy allegations:
If no action is taken against senior officials,
If the investigation is not deepened, if the public is not informed in a transparent manner, this is a clear political choice.

It's time to talk about names

In this case, the question should be asked before “who did it?”:
Who is responsible?
Because in the rule of law, responsibility is not only based on action,
is also born of inaction.
If Gulistan Doku has still not been found;
This is not only a loss, but also a crisis of accountability.
And it should not be forgotten:
Where justice doesn't work, authorities are protected
but the legitimacy of the state is eroded.

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