{"id":285225,"date":"2026-04-19T07:28:17","date_gmt":"2026-04-19T07:28:17","guid":{"rendered":"https:\/\/halkweb.com.tr\/?p=285225"},"modified":"2026-04-19T07:28:17","modified_gmt":"2026-04-19T07:28:17","slug":"children-and-justice-in-turkey-through-the-elmali-case","status":"publish","type":"post","link":"https:\/\/halkweb.com.tr\/en\/children-and-justice-in-turkey-through-the-elmali-case\/","title":{"rendered":"Children and Justice in Turkey through the Elmal\u0131 Case"},"content":{"rendered":"<p>The prosecutor's office said \u201cthere is a crime\u201d, the court said \u201cthere is not\u201d. The appeals were rejected and the file has been at the Court of Cassation for years. But the process did not end there; the children were taken away from the grandmother who took care of them and left under state protection. The Elmal\u0131 case is one of the most striking examples of the relationship between children and justice in Turkey.<\/p>\n<h2><strong><strong>NOT A CASE, A MATTER OF CONSCIENCE<\/strong><\/strong><\/h2>\n<p>There are some cases in Turkey that leave a mark not in the law books, but in the conscience. The Elmal\u0131 case is exactly such a case.<\/p>\n<p>In the case in which the stepfather and the birth mother are the defendants, there are two victimized children, a girl and a boy, and two separate realities that operate through these children:<\/p>\n<ul>\n<li><strong>The prosecution says:<\/strong> Crime<\/li>\n<li><strong>The court says:<\/strong> No crime<\/li>\n<\/ul>\n<h2><strong><strong>INDICTMENT: HEAVY, CLEAR AND UNAMBIGUOUS<\/strong><\/strong><\/h2>\n<p>Prosecutor's Office <strong>\u201cIndictment\u201d<\/strong>is clear, detailed and severe. In the Indictment;<\/p>\n<p><em>\u201cAllegations that the child victims... have been sexually abused...\u201d <\/em><\/p>\n<p>and in the narratives of child victims;<\/p>\n<p><em>\u201cHe pats his pinky... shoves it up his butt... does it a lot...\u201d <\/em><\/p>\n<p><em>\u201cRahmi... stripped himself, his brother and his mother...\u201d <\/em><\/p>\n<p>Medical reports;<\/p>\n<p><em>\u201cFindings of a nature that can occur with actual livata...\u201d <\/em><\/p>\n<p>The prosecution will look at this picture <strong><em>\u201cThey should be punished.\u201d <\/em><\/strong>He says.<\/p>\n<h2><strong><strong>COURT OPPOSITE RESULT IN THE SAME CASE<\/strong><\/strong><\/h2>\n<p>The Court<strong> <em>\u201cacquitted\u201d<\/em><\/strong>is making the decision.<\/p>\n<p>Can two contradictions be \u201creal\u201d at the same time?<\/p>\n<p>The Prosecutor's Office says there is a \u201ccrime\u201d and they should be punished, the Court says there is doubt and they should be acquitted, and the verdict of \u201cacquittal\u201d is given.<\/p>\n<h2><strong><strong>APPEAL EVERYONE APPEALS BUT THE RESULT REMAINS THE SAME<\/strong><\/strong><\/h2>\n<p><strong>Everyone objects and the legal remedy of appeal is invoked.<\/strong><\/p>\n<p>It's not just the prosecutor in this case:<\/p>\n<ul>\n<li>Bar Associations<\/li>\n<li>NGOs<\/li>\n<li>Victim advocates<\/li>\n<\/ul>\n<p>everyone objects. But; the court of appeal, <em>\u201cThe appeals are dismissed on merits...\u201d <\/em>the verdict. So the court says, \u201cThe decision is right.\u201d.<\/p>\n<p>However, this time, the legal remedy of appeal to the Court of Cassation is applied and the case has been pending for years. <strong>It is awaiting judgment at the Court of Cassation.<\/strong><\/p>\n<h2><strong><strong>BREAKING POINT: FROM WHOM and WHY WERE THE CHILDREN TAKEN?<\/strong><\/strong><\/h2>\n<p><strong>Does the victimization of children end at this point? Of course not.<\/strong><\/p>\n<p>What would you normally expect? Children should be removed from a suspicious environment. But this is what happened here:<\/p>\n<p>-Children <strong>not from stepfather and mother<\/strong>; who had filed a complaint with the public prosecutor's office and was taking care of the children, <strong>\u201cmom\u201d<\/strong> whom they call <strong>from the grandmother and the grandfather.<\/strong><\/p>\n<p>Why and how. Some people express discomfort with the grandmother's social media posts about the children's situation. This process;<\/p>\n<ul>\n<li>One <strong>Social Investigation Report (SIR)<\/strong><\/li>\n<li>And one <strong>court decision<\/strong> is made with<\/li>\n<\/ul>\n<p>Moreover, such a decision is taken with the grandfather and grandmother <strong>contact is cut off. In other words, the two victimized children are taken under state protection by cutting off contact with their grandparents.<\/strong><\/p>\n<h2><strong><strong>SAME CHILD, DIFFERENT FILES<\/strong><\/strong><\/h2>\n<p><strong>But are children protected?<\/strong><\/p>\n<p>The boy is under state protection;<\/p>\n<ul>\n<li>Victim in the stabbing case<\/li>\n<li>Accused in theft case<\/li>\n<\/ul>\n<p>and trials are taking place. On top of that, the family is not informed about the events and case files in question.<\/p>\n<h2><strong><strong>A FATHER'S UNFINISHED STRUGGLE<\/strong><\/strong><\/h2>\n<p>The heaviest of this file is G\u00fcrhan, the father of the victimized children, who met with me and delivered the documents in the files and whom I tried to support, while he was struggling for more than 3 years to get his victimized children back from state protection, he lost his life in Alanya on June 9, 2025 at around 1:30 a.m. as a result of a vehicle hitting his motorbike.<\/p>\n<p>Shortly before his death, \u00d6zbaba was granted permission to meet with his victimized children and he traveled 600-700 kilometers to visit them, giving them hope that they would soon be reunited with their father, who was fond and longing for them. He also spoke to me on the phone after his visit and said, \"Hodja, I will finally be able to take my children, the officials there had tears in their eyes. But unfortunately, he unfortunately lost his life, longing for his children.<\/p>\n<p>Does the law speak at this point; of course not; <strong>conscience speaks.<\/strong><\/p>\n<h2><strong><strong>A PARENT'S MOTHER THE HUMAN FACE OF THE CASE<\/strong><\/strong><\/h2>\n<p>Let's talk about Mrs. G\u00fcnay, the grandmother. As soon as the grandmother learned that her grandchildren were being abused, they made her regret filing a criminal complaint with the prosecutor's office. The grandmother, a strong and resilient \u201cWoman of the Republic\u201d, had moved to Alanya to live with her son shortly before the death of her own father, and had rented a house there and started to buy furniture suitable for the children to live in.<\/p>\n<p>Unfortunately, a few days after the grandmother had left for Alanya, I saw the grandmother's call log on my phone in the early hours of the morning. When I called her back immediately, she told me in a stoic and tearful voice, \"Mr. Kemal, my son had an accident at night, he passed away\". We tried to support her as much as we could by asking for help from our friends, and by posting on Twitter, we tried to ensure that at least the children under state protection were taken to their father's funeral. After the funeral, the children were taken to their father's grave and then returned to where they were.<\/p>\n<p>The grandmother was again accused of posting on social media. They want social media to be silent. I know what the grandmother had to struggle with alone after she filed the complaint.<\/p>\n<p>The grandmother's situation is the human face of this case. Grandmother;<\/p>\n<ul>\n<li>Caring for her grandchildren<\/li>\n<li>Struggling<\/li>\n<li>Complaint<\/li>\n<li>Then he becomes a target for those who neglect their duties.<\/li>\n<\/ul>\n<p>The grandmother does not have a lawyer, she has a salary from her husband, which she spends on rent, but she has a strong character, she is struggling, conscious and fighting for her grandchildren. Some lawyers who learned about the situation volunteered to take care of it. They ask for information and documents about the files, but in practice they cannot contribute in the slightest.<\/p>\n<p>When the incident first became public, an association stood by the family, promoted itself, but did not continue to provide the necessary support.<\/p>\n<p>The grandmother needs financial and moral support; we call and talk to the mayor of the municipality where she lives as much as we can; he tells us to talk to my deputy. We talk to him, he takes notes; he says okay, let's help, but we don't see them helping. We reach out to MPs, again, the same result, everything remains at the point of showing off for the market.<\/p>\n<p>As a result, the children are taken away from the grandmother. They take the children away from her as if they would be better, happier and more peaceful under state protection, and on top of that, they say that you and your parents will not know where the children are and you will not be able to see them.<\/p>\n<p>The grandmother is also allowed to visit the children after their father passes away. The location of the children is approximately 1200 kilometers from where the grandmother lives. It is impossible to go without travel money, accommodation, gifts for the children; 6-7 thousand TL is needed; we were able to contribute to their longing by trying to support them with our friends. The grandmother could not even mourn the death of her son; they made her regret filing a complaint with the prosecutor's office; they also made her long for her grandchildren.<\/p>\n<p><strong>THIS IS NOT JUST A CASE<\/strong><\/p>\n<p>Elmal\u0131 Case file;<\/p>\n<ul>\n<li>A crisis of law<\/li>\n<li>The collapse of the child protection system<\/li>\n<\/ul>\n<p>The Ministry of Family Affairs says it protects children, but it is not clear from whom. Judging from the two files on the boy, it has failed to fulfill its duty of protection. There is another thing; I do not want to mention it here.<\/p>\n<p><strong>IS JUSTICE FOR ALL?<\/strong><\/p>\n<p>As a result, in the G\u00fclistan Doku case, political determination and the efforts of the Tunceli Chief Prosecutor have begun to reveal the material reality.<\/p>\n<p>In the Elmal\u0131 case, the material facts and those who are negligent must be brought to justice. Because; <strong>the children in this case have not been protected.<\/strong><\/p>\n<p><strong>Justice must be done for all.<\/strong><\/p>","protected":false},"excerpt":{"rendered":"<p>In the Elmal\u0131 case, the facts and those who are negligent must be brought to justice. Because the children in this case were not protected.<\/p>","protected":false},"author":21,"featured_media":285227,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[286],"tags":[289],"class_list":{"0":"post-285225","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-yazarlar","8":"tag-manset"},"_links":{"self":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/285225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/users\/21"}],"replies":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/comments?post=285225"}],"version-history":[{"count":2,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/285225\/revisions"}],"predecessor-version":[{"id":285228,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/285225\/revisions\/285228"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media\/285227"}],"wp:attachment":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media?parent=285225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/categories?post=285225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/tags?post=285225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}