WAN - It was stated that Burhan Nas, who was given an aggravated life imprisonment despite not having criminal responsibility, has been held in solitary confinement for two years and cannot even meet his basic needs.
Burhan Nas, who was arrested in 2019 in Şirnex (Şırnak) as part of the case he was tried for, is not being released despite the hospital's report of mental disability. The court sentenced Nas to aggravated life imprisonment. In its ruling, the court disregarded the contradictory statements of witnesses in the case and Nas's criminal responsibility.
An official special education assessment report prepared years ago by the Guidance and Research Centre (RAM) regarding Burhan Nas diagnosed him with "mild mental disability". The report was prepared on 15 April 2009 and was valid until 14 April 2010.
The report stated that the individual needed support in cognitive preparation, self-care and daily living skills and should benefit from special education services. However, despite this report, Nas was sentenced to aggravated life imprisonment.
The family argued against the sentence, emphasising that the report clearly demonstrated the defendant's limited capacity to assess events in a healthy manner and that the court's failure to request an additional report from the Forensic Medicine Institute or another health board constituted a serious omission.
INCONSISTENCIES IN TESTIFIES
Testifies of the two children in the file contradicted both each other and the physical sequence of events. One child stated that the defendant had taken them to "collect scrap metal," while the other claimed that the defendant had threatened them with a knife. Accounts of the length of stay in Syria also differed; one stated they stayed for one day, while the other stated they stayed for approximately 15 days.
The family lawyer stated that both the children's inconsistent testifies and the disregard of the report on the defendant's mental state constituted a serious violation of the right to a fair trial. Despite all objections, the court did not release Nas.
HELD IN A CELL FOR 2 YEARS
Nas, who is detained at Malatya Closed Prison, has been held in a single cell for two years. Nas's brother stated that his brother's condition is deteriorating day by day, saying, "We went to see him two months ago, and he was in bad shape. My brother is mentally disabled. But despite this, he is being held in solitary confinement. Being placed in solitary confinement has made his condition even worse. He is now unable to even take care of his own needs. We want my brother to be released immediately."
MA / Zeynep Durgut