Human Rights Watch (HRW) on Thursday announced that the trial of 13 law enforcement officers accused of torture and involvement in death in custody is an opportunity for justice over rights abuses in Türkiye.

An indictment was issued on February 20, charging “13 members of the gendarmerie of various ranks” with “torture resulting in Ahmet Güreşçi’s death, as well as the torture of Sabri Güreşçi resulting [in] a broken bone.” The first hearing of the trial against the 13 law enforcement officers will be on September 9.

According to HRW, the case is one of the most severe incidents of police and gendarmes’ abuse in the aftermath of the earthquakes in Hatay.

Sabri and Ahmet Güreşçi were suspected of looting and other crimes, which resulted in their arrest on February 11, 2023. The allegations detail that the brothers were placed into a vehicle where they were repeatedly subjected to physical violence and threats. Once the brothers arrived at Altınözü Central District Gendarmerie Station Command, they were led to a storage room rather than a cell, where they were reportedly tortured to coerce them to confess to crimes.

HRW illuminated that the autopsy results detailed injuries, bruising, and broken bones caused to Ahmet Güreşçi’s body, and Türkiye’s Forensic Medicine Institute concluded that he died because of a brain hemorrhage caused by strikes to the head. This aligns with the allegation that gendarmes had beaten Ahmet Güreşçi. The accused law enforcement officers deny the allegations, arguing that the brothers already had injuries when they were arrested and that Ahmet Güreşçi’s head injuries were incidental.

The International Law Commission has established that the prohibition of torture is a peremptory norm, or jus cogens, which means that states cannot violate this fundamental principle of international law. Furthermore, Türkiye is a state party to the UN Convention against Torture, the International Covenant on Civil and Political Rights (ICCPR), and the European Convention on Human Rights (ECHR), which all prohibit torture. Under binding international law, Türkiye is legally bound to prevent torture and other forms of cruel or degrading treatment.

Moreover, Article 10 of the ICCPR details that prisoners must be treated with humanity and respect. Morris Tidball-Binz, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, described death in custody as a “silent global tragedy.” He emphasized that states “have a duty to respect and protect the fundamental right to life of those deprived of liberty.”

HRW highlights that the trial is “a rare opportunity for justice,” particularly in the context of Türkiye’s reluctance to punish misconduct by the police, gendarmes, and soldiers. In June, Amnesty International urged Turkish authorities to investigate alleged torture by the police during protests.