ÇAKICI v. TURKEY JUDGMENT
11
44. In relation to the oral evidence, the Commission was aware of the
difficulties attached to assessing evidence obtained orally through
interpreters. It therefore paid careful attention to the meaning and
significance which should be attributed to the statements made by witnesses
appearing before its delegates.
In a case where there were contradictory and conflicting factual accounts
of events, the Commission particularly regretted the absence of a thorough
domestic judicial examination. It was aware of its own limitations as a firstinstance tribunal of fact. In addition to the problem of language adverted to
above, there was also an inevitable lack of detailed and direct familiarity
with the conditions pertaining in the region. Moreover, the Commission had
no power to compel witnesses to appear and testify. In the present case,
while seventeen witnesses had been summoned to appear, only eleven gave
evidence. The lack of documentary materials is adverted to above. The
Commission was therefore faced with the difficult task of determining
events in the absence of potentially significant testimony and evidence.
The Commission’s findings may be summarised as follows.
1. The operation in Çitlibahçe village on 8 November 1993
45. Çitlibhaçe was in a district where terrorist activity was intense in
1993. On or about 23 October 1993, members of the PKK kidnapped five
teachers, an imam and the imam’s brother, Abdullah Cebeci, from the
village of Dadaş and marched them across country, passing near the village
of Bağlan. Mustafa Engin was required to shelter one of the teachers, who
was of Kurdish origin, overnight before allowing him to leave. The PKK
shot and killed the remaining four teachers and the imam, while Abdullah
Cebeci, though wounded, was able to reach safety. He gave the gendarmes
at Lice gendarmerie headquarters descriptions of the persons whom he had
seen, including the villagers who had brought food and stood guard. Bağlan
was a village under the jurisdiction of Lice gendarmes. The kidnap victims
had also passed close to the village of Çitlibahçe, less than a kilometre from
Bağlan, but which was under the jurisdiction of the Hazro gendarmes.
46. The gendarmes from Hazro and Lice conducted a coordinated
operation on 8 November 1993. This operation concerned the collecting of
evidence and information relating to the kidnapping and murder and the
apprehension of persons suspected of involvement. Ertan Altınoluk was in
command of the gendarmes from Hazro. The operation order drawn up by
him on 7 November 1993 indicated that the purpose of the operation was
the capture of PKK terrorists and their collaborators and the destruction of
shelters, and it named Çitlibahçe as the place of the operation. The
Commission rejected the testimony of Ertan Altınoluk that they were not
looking for Ahmet Çakıcı when they went to Çitlibahçe. The delegates
assessed his evidence as evasive and unhelpful, and demonstrating a lack of
sincerity. The Commission had regard to the evidence from two other