The suspicious death of Rojin Kabaiş, a first-year student at Van Yüzüncü Yıl University in the Department of Child Development, remains unresolved. Although a year has passed, many pieces of evidence have still not been collected. Most recently, it was revealed that two DNA samples were found on Rojin’s body and that both belonged to a male. Following this revelation, the Forensic Medicine Institution (Turkey’s state forensic authority) withheld information for nine months about where these samples had been found. After the Diyarbakır and Van Bar Associations filed a criminal complaint against the Forensic Medicine Institution, the institution finally added its report to the investigation file on 10 October. According to the report sent by the Forensic Medicine Institution Biological Specialisation Department, the first DNA sample was detected in the sternal region, that is, on the chest area, and the second DNA sample was found inside the vaginal cavity. Following this finding, lawyers pointed out that the incident could not be considered a suicide but a suspicious death, highlighting the possibility of sexual assault and calling for the necessary investigations to be initiated and testimonies to be taken.
Lawyer Helin Tapancı, a member of the Executive Board of the Women’s Rights Centre of the Diyarbakir (Amed) Bar Association, spoke to ANF about the legal dimension of the case, noting that although a year has passed, the material truth has not been revealed. Tapancı said that much of the evidence was tampered with during the investigation stage and that the security cameras in the area were reportedly described as “broken” and therefore not examined. Tapancı stressed that they would make the necessary legal applications following the Forensic Medicine Institution report and called for the statements of everyone who was present in the area that day to be taken, emphasising that the process must be conducted meticulously to uncover the suspects.
Negligence has obstructed the process
Lawyer Tapancı said that the investigation carried out into Rojin’s case is full of shortcomings and negligence in many respects. Tapancı said, “The file is quite complex, and unfortunately we have not been able to reach the point we had hoped for. From time to time we go to Van (Wan) to hold the necessary meetings with the prosecutor, and we try to contribute as much as we can. However, there were serious acts of negligence at the very beginning of the case.”
Forensic Medicine Institution report added to the file after 9 months
Lawyer Helin Tapancı stated that the precautions taken by both the police, the dormitory officials and the university administration were insufficient. Tapancı also added: “As a result, we are where we are today. There has been very little progress in the case. Reports were obtained from the Forensic Department at Karadeniz Technical University (KATÜ), and statements were taken, but there are serious deficiencies in the report of the Forensic Medicine Institution. There was a significant delay regarding the swab samples taken from Rojin’s body, and this negatively affects the investigation. Normally, it should be clearly stated from which part of the body these samples were collected, such as arm, chest, head, etc. However, the report of the Forensic Medicine Institution only stated that ‘DNA samples belonging to two different men were found.’ We learned where these samples were found only this week with the report that was added to the file nine months later. We saw that one DNA sample was found in the vagina and the other on the chest.”
All necessary statements must be taken
Tapancı stated that they had repeatedly applied for the report to be added to the case file earlier and that the prosecutor’s office had sent letters to the relevant institutions and said: “There were serious deficiencies on the part of the Forensic Medicine Institution in this process. After this report, statements must be taken one by one from individuals in the area. There is a strong suspicion of sexual assault. A detailed investigation of this suspicion will reveal the suspects. Therefore, both the testimony process and the investigative process must be carried out effectively.”
Headscarf found on the beach was soaked in water
Tapancı also said that the police committed serious negligence during the evidence collection process: “The scarf found on Rojin’s head was soaked in water and then removed. This caused a risk of losing DNA traces. Moreover, the scarf was left on the beach for a period of time and was not preserved properly. It was also determined that one of the cameras at the scene was not working, but no steps were taken beyond that. We do not know whether the camera was later examined or not, we have no information on this. If the evidence had been collected properly, we might already have suspects today, and the case could have progressed much further.”
There is a security failure
Helin Tapancı also stated that they had filed a criminal complaint against the Forensic Medicine Institution together with the Van Bar Association Commission: “We argued that the Forensic Medicine Institution committed the crimes of concealing evidence and misconduct in public office by violating Articles 257 and 258 of the Turkish Penal Code. The reason this case has not progressed is the initial errors in collecting evidence, negligence, and the Forensic Medicine Institution’s failure to take the necessary care. In addition, the fact that there is no camera footage from the area after Rojin crossed the border into that zone is a serious security failure. This demonstrates the weakness of the dormitory administration and campus security.”
There is no finding to support suicide
Tapancı said that all vehicles entering and leaving the area that day, as well as their drivers, must be identified and their statements taken: “At this stage, the Forensic Medicine Institution has eliminated the so-called ‘risk of contamination’. In other words, it has been determined that the two male DNA samples found on Rojin’s body do not belong to police officers or officials who collected the evidence. This confirms that the DNA found truly belongs to two different men. Therefore, a more comprehensive investigation must be carried out, and everyone who entered or left the area must be questioned. As a commission, we see the possibility of suicide as extremely unlikely. There is no evidence in the file that supports suicide. The meetings held with Rojin’s family and those around her, as well as certain findings in the case file, which we cannot disclose due to confidentiality, completely weaken this possibility. We believe this is a case of suspicious death.”
Rojin’s phone still has not been accessed
Lawyer Tapancı made a call to the public, prosecutors and the relevant institutions and said: “Rojin’s phone still has not been accessed. In a country where the state is able to obtain the deepest data when it wants to, we find it difficult to understand why accessing a phone is so difficult in the case of a woman’s death. As a commission, we are calling both the Forensic Medicine Institution and the relevant institutions to duty. The grieving family has the right to know why their daughter died.”