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Scandal Judgement in the Lawsuit filed for Furkan Doğan
At the end of the first trial of action for compensation for 4 million Turkish Liras that was filed for Furkan Doğan who lost his life in the attack made to Mavi Marmara ship, the judge dismissed the action.
Palestine, Palestine-Gaza 25.12.2013

The first trial of the suit filed for Furkan Doğan who martyred in the attack of Israeli soldiers to the Mavi Marmara ship while it was bringing humanitarian aid to Gaza was hold in Kayseri Courthouse.

Ahmet Doğan, father of Furkan Doğan as well as the lawyers of Mavi Marmara ship and many other lawyers from all parts of Turkey joined the trial as observers. The trial last very short and the judge dismissed the action.

In the statement made by the lawyers of Mavi Marmara, it was remarked that in the first trial of the lawsuit in Kayseri 3rd Court of Civil Instance, the judge Mehmet Mutlu Bartan, despite the judicial processes haven't been completed, dismissed the action in defiance of Universal Law and Localized Supreme Court Decision concerning that Israel cannot be judged.

In the statement referring this judgment as a judiciary freak, it was remarked that ¨It is worrisome for the suit to reach this judgment hurriedly without even fulfilling judicial processes as service of summons and translation.¨

In the statement it was reminded that many suits have been continuing in the International Criminal Court as well as in all parts of Turkey and in many foreign countries including England, Spain, South Africa. It was also said that ¨Proceedings will go on even in 16 suits opened in Kayseri. Today, in the first trial of the case taking place after the recent tensions in the country, we cannot regard this decision as a coincidence.¨

Moreover it was reminded in the statement that previously, a group of activist again in Kayseri were put on trial on account of the fact that they acted discriminating between religions, languages, nations and ethnic origins because they shouted slogans as ¨Damn with Israel¨ during the Mavi Marmara Criminal Investigation. It was said that ¨Again in that event, we remarked that while Israeli authorities were required to sit in the dock, Mavi Marmara victims were made defendants. In favor of mending the fences with Israel, an atmosphere of oppression is being created against Mavi Marmara sufferers and supporters in Turkey. Cases in question were ended in acquittal.¨

Indicating that in Mavi Marmara Investigation, the lawsuit was filed and the judgment started considering that there is no jurisdictional immunity, it was said in the statement that:

In these days, while there is a tension related to the political power in Turkey, while all the defendants of 28th February Lawsuit were released and while it came out that the jurisdiction as an institution is performing an operation against the government, in the first lawsuit taking place after all this rumor environment, that is in the damage suit for Furkan Doğan who has been the symbol name of Mavi Marmara, that the action was dismissed even with the provision that ¨Israel cannot be judged¨, gives rise to thought that we are facing a different operation.

To the reactions of people in the hall for the judgment, that the judge replied as ¨Did you consult to us when you are going!¨ is more desperate.

¨Jurisprudence of Turkish Republic guarantees that all victim citizens have the right to file a lawsuit both criminal and judiciary against all unlawful actions they meet both in homeland or in abroad. Injustice of any country especially that of cruel Israel mustn’t go unpunished. No court must rule a case with the pre-acceptance that cruel Israel cannot be judged. The judgment in question is subject to appellate procedure and we completely believe that this illegal and unfair judgment will be reversed by Supreme Court.

Present to public opinion with due respect.¨

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