Our legal struggle has yielded a historic result! Following the United Nations, the Constitutional Court of Turkey (AYM) has also ruled that the state is directly responsible for the death of teacher Gökhan Açıkkollu, who lost his life under torture. Though delayed, justice has prevailed, marking a massive milestone in our fight against torture and impunity.
The Constitutional Court (AYM) has signed a historic violation decision, ruling that the state is directly responsible for the death of teacher Gökhan Açıkkollu, who lost his life in police custody in 2016. Coming nearly a decade after the incident, this decision is the most tangible fruit of our determined struggle as the Association of Human Rights Defenders (HRD) on the international stage.
The Process Behind Our Success: HRD’s UN Initiative
During that dark period when domestic remedies were deliberately prolonged and left ineffective, we took the initiative as the Association of Human Rights Defenders (HRD) and the International Association for Human Rights Advocacy in Geneva (IAHRA).
On January 29, 2020, we applied directly to the United Nations (UN) Human Rights Committee on behalf of Gökhan Açıkkollu’s family.
Rejecting the government’s defense that “domestic remedies had not been exhausted,” the UN Human Rights Committee issued a severe violation ruling against Turkey on October 25, 2022. The UN certified that the state failed to protect Açıkkollu from torture and death. Today’s AYM decision is a direct result of this international success and the pressure generated by our association (HRD) at the UN!
The Importance of the AYM Decision: Violation in Two Dimensions
Although the AYM delayed the process with judicial passivity years after the UN Committee’s decision, it ultimately had to accept the truth. This decision is the FIRST ruling by the AYM regarding the post-July 15 period where both the right to life and the prohibition of ill-treatment were violated in both substantive and procedural dimensions.
The AYM identified two critical dimensions of violation:
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Substantive Dimension (Direct Responsibility): Examining the chronological medical reports, bruising, and psychological trauma, the AYM ruled that the state is directly responsible for the physical and psychological violence that led to Açıkkollu’s death. The state failed its absolute duty to protect an individual under its custody.
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Procedural Dimension (Inadequate Investigation): Criticizing the Istanbul Chief Public Prosecutor’s Office’s non-prosecution decisions aimed at covering up the incident, the AYM certified that the investigation was superficial, camera footage was neglected, and torture allegations were ignored.
13 Days Under Torture: We Have Not Forgotten
Teacher Gökhan Açıkkollu was detained from his home on July 23, 2016, under heavy and baseless allegations. Despite suffering from panic attacks and diabetes, he was subjected to severe beatings, insults, and physical violence for 13 days in the Istanbul Police Department custody.
Although doctors noted in medical reports that “he has been subjected to severe insults and swearing in custody for 6 days,” and a cellmate stated, “They beat him to death, at least 15 people witnessed it,” judicial authorities tried to shelve the case for years. Forensic reports later revealed that his fatal heart attack was triggered by the extreme stress of detention conditions.
What is Next? Perpetrators Will Be Held Accountable!
This decision is not an end for us, but the beginning of a new legal battle. We will not allow cosmetic legal procedures!
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The police officers who directly beat and assaulted him in custody,
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The police chiefs who coordinated the interrogation process,
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The medical personnel who refrained from recording visible lesions in official reports,
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The prosecutors of the period who paved the legal ground for this unlawful process by issuing non-prosecution decisions…
We will not take a single step back: There is no statute of limitations for torture and crimes against humanity. As HRD, we will follow this case until every single public official who perpetrated or condoned this severe violation is identified and held accountable before the law!
“Justice is the foundation of the state; justice served, even if late, is the guarantee of brighter days ahead.”
Gökhan Açıkkollu’s Detention Process
Gökhan Açıkkollu, who worked as a teacher in a public school, was detained at his home on July 23, 2016, at around 11:00 PM, upon the instruction of Public Prosecutor Can Tuncay by a police team of 15 people. The detention period was specified as thirty days in the ruling. The accusations leveled against Açıkkollu were the heaviest offenses under the Turkish Penal Code, including membership in an armed organization, attempting to partially overthrow the Grand National Assembly of Turkey (TBMM) or attempting to prevent it from partially or completely performing its duties by using force and violence, attempting to overthrow the Government of the Republic of Turkey or preventing it from partially or completely performing its duties by using force and violence, and inciting the public to an armed uprising against the Government of the Republic of Turkey.
Subjected to Severe Insults and Swearing in Custody for Six Days
Despite suffering from panic attacks and diabetes, Açıkkollu was subjected to severe beatings, insults, and physical violence during the 13 days he spent in the detention center of the Istanbul Police Department. Ecchymosis, bruising, swelling, hyperemia, and traumatic lesions that formed on his body during this period were recorded chronologically in forensic medical examination reports. Açıkkollu also described what he experienced to the examining doctors during his detention, and the doctors wrote down his statements exactly as: “He stated that he has been subjected to severe insults and swearing in custody for 6 days.”
Death Following a Detention Period Extended for the Third Time Under Torture!
Açıkkollu’s detention period was extended for the third time on August 4, 2016, by prosecutor Can Tuncay. Just one day after this extension, in the early hours of August 5, 2016, he collapsed in his cell and lost his life in the hospital where he was taken.
“They Beat Gökhan Açıkkollu to Death!”
A cellmate who was detained together with him stated in a petition submitted to the Istanbul Chief Public Prosecutor’s Office on September 20, 2016:
“We stayed together with Gökhan Açıkkollu. He was beaten to death while in custody. At least 15 people witnessed this situation.”
The Legal Process Following Açıkkollu’s Decease
Following Açıkkollu’s passing, the investigation launched by the Istanbul Chief Public Prosecutor’s Office resulted in a first decision of non-prosecution on December 20, 2016. Upon the request of Açıkkollu’s lawyer, a report was prepared by the Human Rights Foundation of Turkey (TIHV) on January 18, 2017. The report explicitly stated that the signs of battery on Açıkkollu’s body and the psychological stress he experienced were clearly within the scope of torture in medical literature. His wife objected to the non-prosecution decision along with this medical report, and the criminal judgeship of peace evaluating the objection overturned the prosecutor’s decision after a 7-month delay. However, following an additional investigation, the Chief Public Prosecutor’s Office issued a decision of non-prosecution once again, which was served to his wife on May 11, 2020. His wife applied to the Constitutional Court (AYM) on June 16, 2020 (within the scope of the legal time extension due to the pandemic), and this long process finally culminated in the AYM’s violation judgment dated July 30, 2025.
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