The Turkish army's military prosecutor office has taken a decision of non-jurisdiction over the five suspects concerning "the plea of negligence about the killing of 35 people on the southern border in Uludere town of Sirnak province."
Lieutenant General Yildirim Guvenc and Major General Ilhan Boluk were among the suspects in the investigation which will officially end today.
The military prosecutor’s decision concerning to the case said, "Both the suspects and the Turkish army personnel have done their share of a task within the scope of the decision of the Turkish Parliament and council of ministers. They have made an unavoidable mistake during their task. For this reason, there is no reason to file a criminal case against the actions of the suspected persons."
34 people were killed in an airstrike by Turkish jets on December 28, 2011 near the Iraqi boarder in Uluderetown of Sirnak province. The group was mistaken as terrorists but were later identified as a group of villagers who were smuggling goods from Iraq to Turkey to earn a living.
Lawyers presenting victims have announced they will appeal the prosecutor's decision to military court.
Chairman of Bar in Sirnak province Tahir Elci said the prosecution's decision of not to continue the investigation had no legal basis.