13/03/2002 (Milliyet) - Child Pornography and the Public Prosecutor's Procedure


Behind the Curtain

TUNCAY OZKAN

Child Pornography and the Public Prosecutor's Procedure

tuncayozkan@tuncayozkan.com

There have been strange developments in the child pornography case which has been brought out into the open in Bursa. My response to the Bursa Public Prosecutor's Office is amazement. First, in relation to these events they began a procedure so strange that it could almost be said to be non-existent. Understanding social pressure, I can consider this conceivable. But what about the things that were done afterwards?

In the investigation into the events, the Bursa Public Prosecutor's Office first said that there was no complainant from among the little ones, and considered the Bursa pillar of the perverted teacher's crime file to be non existent. In other words, if the raped students don't complain, it's as if the event had never happened. However, even if the little ones or their parents/guardians hadn't complained, the Public Prosecutor's office was obliged to open a necessary public prosecution trial. According to the Public Prosecutor's Office, because there were no complainants in Bursa, it was requested that the file - with an 'out of jurisdiction' verdict - be sent to the Gaziantep Public Prosecutor's Office. In my opinion, this was a big mistake. The defendant Ozgen Imamoglu did commit crimes in Gaziantep too. He will be tried. But what about the crimes committed in Bursa?

The Bursa file was nearly closed

Ozgen Imamoglu most certainly must pay the price in Bursa. Through the pressure of the Islamic schools where Imamoglu worked, and their connections, this Bursa file must not be closed. This must not be permitted.

While the 'out of jurisdiction' verdict was given, the distress of the children in Bursa, everything that their families have endured and - most importantly - how public interest can best be served are all kept out of sight.

They weren't taken to a doctor

The interesting aspect of the whole business is that none of the children - who, it is claimed, were raped - were taken by the public prosecutor to a doctor for tests. However, if these tests had been carried out, everything that had happened to the children would have been documented in reports. Because, in any case, Imamoglu had recorded some of the instances of rape. The Bursa Public Prosecutor's Office did something interesting. It reached an 'out of jurisdiction' verdict in the file, but because of the reaction to this, it suddenly changed its mind and issued detention orders in rapid succession.

The public prosecutor's office, which explained that it was sending the file to Gaziantep, yesterday said that a new public prosecution trial would be opened, and issued 3 separate detention orders for the perverted teacher while he was absent from court. In great secrecy, Imamoglu was brought to Bursa Court of Law and the detention orders that had been given in his absence were read in his presence.

The Public Prosecutor's Office must make a statement

Bursa Public Prosecutor Emin Ozden, making a statement, said that perverted teacher Ozgen Imamoglu would be tried for a severe punishment in the newly opened public prosecution trial with the accusations of rape, attempted rape and kidnap. In other words, Imamoglu will be tried for the crimes in Bursa too. All well and good, but what was the meaning of the earlier statements? Which people interfered with this investigation file, and which people let them interfere so that it all happened this way? In addition, if no evidence comes out into the open in the trials tomorrow, what will happen? What will happen to the claims for which evidence related to the children wasn't gathered? The public prosecutor's office represents the public. It's necessary that they respond to this.

He nearly got away with it

Because apart from the 1,875 million lira ($5,000) fine given to Imamoglu, still held in Bursa E-Type Prison, for engaging in his pornography film trade, no other action had been taken. And if Imamoglu had paid this fine, the crime wouldn't have passed into his criminal record.

As soon as the 'out of jurisdiction' verdict was given, the Hidayet Religious Foundation and Imamoglu would have begun the counter-attack. What kind of business is this, what kind of investigation?! If Turkey can't protect its children, at least let it be able to investigate and try those who rape them. If it can't do that, what's left? Three days ago, wasn't the 415th Article of the Penal Code there for the Bursa Public Prosecutor's Office? Was a complaint necessary for this? To protect children faced with rape, is a complainant absolutely necessary in this country?

It's a shame, a terrible shame... Don't sacrifice the children, at least...