ÇAKICI v. TURKEY JUDGMENT
6
C. Materials submitted by the applicant and the Government to the
Commission in support of their respective assertions
22. In the proceedings before the Commission, the applicant and the
Government submitted a number of statements by the applicant, which he
had made to the Human Rights Association in Diyarbakır (HRA) and to the
public prosecutor at Diyarbakır. Statements had also been taken by the HRA
and the public prosecutor from Remziye Çakıcı, the wife of Ahmet Çakıcı,
and Mustafa Engin, who had been detained from 9 November to
1 December 1993 at Diyarbakır provincial gendarmerie headquarters.
Mustafa Engin had also made a statement to a police officer. Statements had
been taken by Osman Baydemir, on behalf of the applicant, from
Abdurrahman Al, who had been detained at the same time as Mustafa
Engin, and from two villagers, Mehmet Bitgin and Fevzi Okatan.
23. The Government also provided an arrest report dated 8 November
1993 concerning the apprehension of Mustafa Engin, Abdurrahman Al and
Tahsin Demirbaş, two operation reports dated 7 and 8 November 1993
respectively concerning the operation at Çitlibahçe village, documents
concerning the witness Hikmet Aksoy whom the Commission’s delegates
had summoned to give evidence but who did not appear and documents
relating to inquiries made by the authorities into the allegations.
24. The Commission requested copies of the custody records for the
relevant period for Hazro gendarmerie station, Lice gendarmerie station,
Diyarbakır provincial gendarmerie headquarters and the gendarmerie station
at Kavaklıboğaz. The Commission’s delegates further requested the
opportunity to inspect the original records of Hazro, Diyarbakır and
Kavaklıboğaz. The Government provided the original custody record of the
Hazro central gendarmerie station as well as copies of the custody record of
Lice gendarmerie headquarters and Diyarbakır provincial gendarmerie
headquarters for the relevant period. The Government did not provide the
Commission’s delegates with sight of the original custody record for
Diyarbakır provincial gendarmerie headquarters, or with either a copy of, or
sight of, the original custody record for the gendarmerie station of
Kavaklıboğaz.
D. Proceedings before the domestic authorities
25. On 22 December 1993, Tevfik Çakıcı, the father of the applicant and
Ahmet Çakıcı, submitted a handwritten petition to the Diyarbakır National
Security Court requesting information as to what had happened to Ahmet
Çakıcı, who had been taken into custody on 8 November 1993 by the
security forces at the same time as Mustafa Engin, Abdurrahman Al and
Tahsin Demirbaş, who had been released twenty-four days later. An oral