GÜLEÇ JUDGMENT OF 27 JULY 1998
23
When the Administrative Council met, it was chaired by the Governor or
his representative. The Council’s Secretary read the case file aloud. The
members of the Council could examine the documents on the file. They
were then invited to express their views and to sign a draft decision. In
theory, the members could oppose the Governor’s proposal. Those who
were not convinced of the correctness of what was proposed could ask for
further investigations to be carried out. However, in the final analysis, the
procedure was based on the trust placed in the Governor. Either the
members of the Council were convinced and signed the decision, or they
were replaced by others who were willing to sign it. In practice, it was not
possible for the decision, as proposed by the Governor, not to be signed.
Mr Uysal stated that he thought the decision given in the present case had
not been a discontinuation order but a decision not to commence criminal
proceedings against civil servants and to transfer the case file to the public
prosecutor for him to carry out a further investigation with a view to
identifying those responsible. He had not been informed of subsequent
developments in the case.
(m) Şükrü Süsin (shopkeeper and local councillor (muhtar) for one of the districts of
İdil at the material time)
42. Mr Süsin stated that the local population had spontaneously
organised a demonstration on 4 March 1991 in order to protest against acts
of brutality committed by the gendarmes two days earlier in the village of
Kömür. The District Commissioner had called him to the town hall. On his
way there, he had seen the demonstrators in the street, and also the security
forces and their armoured vehicles. When he got to the town hall, the
demonstrators were already assembled.
At the town hall, the witness had seen and heard gendarmerie major,
Mustafa Karatan, give the order to open fire by walkie-talkie. As the town
hall was the tallest building in İdil he had seen a Panzer-type armoured
vehicle open fire while travelling along Atatürk Street in front of the town
hall. All the demonstrators were trying to run away. One of his friends had
been killed before his eyes. He had seen shots being fired from the
armoured vehicle. The vehicle was following the demonstrators and the
soldiers manning it were firing at the ground, in the direction of the
demonstrators.
More than fifty people had been wounded in the abdomen and chest by
ricocheting bullets. Some of the wounded had refused to be taken to hospital
because they were afraid of the authorities’ reaction.