SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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They submitted that the applicants’ homes and possessions were
destroyed by the PKK, which purported to replace the State in the region, as
a punishment and a warning, since the villagers generally had good relations
with the security forces. The two applicants in particular were law-abiding
citizens with no history of anti-governmental activity. At the time of the
events in question, Mr Asker’s son was doing his military service, an
activity which the PKK urged the people in the region to avoid, and
Mrs Selçuk had one son in the army and another in the civil service.
19. The Government questioned whether Mrs Selçuk’s mill was burned
at all, but if it was, denied that this was done by security forces.
20. They further disputed that Mr Asker lodged any petition with the
Kulp District Governor, since he could not produce any acknowledgment of
receipt and no such petition was registered in the records.
D. Proceedings before the domestic authorities
21. Following the communication of the applications by the
Commission to the Government on 15 April 1994, it appears that the
Ministry of Justice (International Law and External Relations General
Directorate) contacted the Principal Public Prosecutor’s office in
Diyarbakır, which in turn wrote to the Public Prosecutor’s office in Kulp on
4 May 1994, enquiring whether the applicants had made any complaint and
requesting that an investigation be initiated if they had not.
22. Since no petitions from the applicants could be traced, the Kulp
public prosecutor opened investigation file 1994/57. On 11 May 1994, he
requested the Kulp gendarmerie to ascertain the applicants’ whereabouts
and to invite them to come and see him as soon as possible and on 18 May
1994 he wrote to the District Governor asking whether any petition had
been filed by Mr Asker. By letter dated 26 May 1994, Gendarme
Captain Ali Ergulmez replied, on behalf of the District Governor, that an
examination of the records disclosed that no complaint had been filed by
Mr Asker.
23. Mr Asker made a statement to the public prosecutor on 20 June 1994
and Mrs Selçuk made one on 21 June 1994.
24. On 18 August 1994, the public prosecutor sent a request to the
district gendarmerie commander for information to be given promptly as to
whether an operation led by CO Cömert had been carried out at İslamköy on
16 June 1993 and whether the applicants’ houses had been burned by those
units.