SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
7
No reply to this enquiry was included with the documents from the
investigation file provided to the Commission. Similarly, it appeared from
that file that no statements were taken from the alleged perpetrators of the
burning or from other villagers who might have witnessed events.
25. On 30 November 1994, the public prosecutor, Mr Erdal Yatmis,
issued a decision of non-jurisdiction, stating that the matter concerned
allegations of damage to property occurring in the winter months of 1993
during an intensive clash between the security forces and the PKK, and that
since the security forces were involved in the course of their administrative
duties, jurisdiction lay with the Administrative Council (see paragraph 44
below). Pursuant to this decision, the file was transferred to the Kulp
District Governor on 30 November 1995.
E. The Commission’s findings of fact
26. The Commission conducted an investigation with the assistance of
the parties and accepted documentary evidence, including written witness
statements and copies of the duty log of Kulp gendarmerie for the periods in
question. Three delegates of the Commission heard the oral evidence of ten
witnesses, including the applicants, Mr Asker’s wife and Mrs Selçuk’s
brother-in-law, and five other former inhabitants of İslamköy or its
neighbouring hamlets (Necmettin Korkmaz, Tevfik Karaaslan, Sait Memiş,
Celal Şeker and Şah Şimşek), and CO Cömert, in Ankara in February 1996.
Four of the witnesses whose presence had been requested failed to attend
the hearings, including the public prosecutors from Lice and Kulp (see
paragraph 25 above). In addition, despite repeated requests from the
Commission’s secretariat and delegates, the Government failed to provide
the complete set of records relating to the activities of the security forces in
the Kulp district in June 1993.
In relation to the oral evidence, the Commission was aware of the
difficulties attached to assessing evidence obtained orally through
interpreters (in some cases via Kurdish and Turkish into English). It
therefore paid careful attention to the meaning and significance which
should be attributed to the statements of witnesses appearing before its
delegates. In respect of both written and oral evidence, the Commission was
aware that the cultural context of the applicants and the witnesses made it
inevitable that dates and other details (in particular, numerical details)
lacked precision and did not consider that this by itself impinged upon the
credibility of the testimony.