GÜLEÇ JUDGMENT OF 27 JULY 1998
12
On 4 March 1991, in the course of a demonstration in the town of İdil, there were a
number of confrontations between the security forces and the demonstrators, as a
result of which two persons were killed and twelve others wounded. It has not been
possible to identify those responsible. Although no judicial investigation can be
carried out into this matter, the investigator appointed opened a preliminary
investigation and prepared a summary of its findings, on the basis of which the
Provincial Administrative Council made a discontinuation order. Since those
responsible for the deaths and woundings are unknown, it is impossible for this Court
to look into the case and give judgment. Having examined the case file, we hold that
the Administrative Council’s decision was in accordance with the law and
procedurally valid.”
2.
Oral evidence
(a)
Hüseyin Güleç (the victim’s father)
30. Mr Güleç stated that he had not been in İdil at the time of the events
of 4 March 1991. When he returned home in the evening he was informed
that his son was dead and told that he had been shot. He heard that his son
had gone to the scene of the demonstration to look for his younger brothers,
at which point he was hit by a bullet. He did not know who had shot his son.
Mr Güleç said that he had not made any statement to the authorities. He
remembered being in shock after the incident. Many people had come to
visit him, including journalists and members of parliament. He did not know
exactly where the body of his son had been found. He had seen it for the
first time at the hospital.
As regards the investigation opened after the death of his son, he
confirmed that he had signed the criminal complaint filed with the İdil
public prosecutor’s office, but afterwards he had shut himself up at home.
He did not know the details of how his son died. He did not know that he
was entitled to compensation as a result of his son’s death. Even if his
lawyer had advised him to apply for this, he was not in a fit state to
understand anything at all at the time of the incidents.
(b)
Abdülselam Güleç (civil servant in Bor (Niğde Province), the victim’s cousin)
31. Mr Güleç had been present in İdil during the incidents, visiting a
sick uncle. He had remained in his uncle’s house throughout the
demonstration and so was not an eyewitness. He had only heard the
demonstrators and the shots. When told of Ahmet Güleç’s death, he had
gone to the hospital where he had looked for but failed to find the body.
Later, he had brought the body back to the village for the funeral, which he
had attended.