Ankara court awards ISIL bomb attack victim’s family 500,000 liras in non-pecuniary damages

ANKARA

An Ankara court has awarded the family of a victim who was killed in an Ankara twin bomb attack, done by the Islamic State of Iraq and the Levant (ISIL) in October 2015, a total of 500,000 Turkish Liras ($141,000) in damages for mental anguish, daily Milliyet reported on June 6.

The Ankara 6th Administrative Court ruling, which is said to serve as a precedent for other terror victims’ families, said the money would be paid to victim Hasan Baykara’s wife, children and siblings. 

The Ankara bombing on Oct. 10, 2015, was the deadliest terror attack carried out in the country by the jihadist ISIL group, killing 103 people, including the two suicide bombers. Most of the victims were attending a demonstration calling for an end to the renewed conflict between the Turkish government and the outlawed Kurdistan Workers’ Party (PKK).

In its decision undertaken by a unanimous vote, the court said terror organizations did not target individuals one by one, but instead the state and constitutional order; the attacks did not stem from a personal animosity; and the terror victims were affected not due to their faults, but instead as a result of them being a part of society, according to the daily. The state therefore should compensate for losses in line with the social risk principle, the court ruling reportedly further said. 

Following the Ankara attack, Baykara’s wife, four children, mother and three siblings reportedly filed an application to the Interior Ministry and claimed 2,800,000 Turkish Liras (about $790,000) in damages for mental anguish as the state could not prevent the bombing from happening. 

After the ministry did not respond to the family’s demand, which meant a decline of the application, the family, this time, reportedly applied to the jurisdiction. The ministry said in its defense statement sent to the court that it had placed some 2,044 security personnel for the demonstration, that necessary checks on the land routes were conducted for vehicles, precautions were undertaken, but a neglect of duty could not be found, the daily said. 

In response to the ministry’s defense, the family reportedly indicated to the court that the two ISIL suicide bombers had come to Ankara with a vehicle; the bombers had entered the demonstration area without police stopping and searching them; and they had undertaken the bombing with suicide explosive vests on them. 

The court then reportedly ruled that Baykara’s wife will be paid 50,000 liras, for each of his four children 75,000 liras; his mother 75,000 liras and each of his siblings 25,000 liras in non-pecuniary damages. So, of the demanded 2,800,000 liras for compensation, the family has been given 500,000 liras.