SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
8
The Commission’s findings of fact can be summarised as follows.
27. Early in the morning of 16 June 1993, a large force of gendarmes
arrived in the village of İslamköy. A number of them, under the apparent
command of CO Cömert, went to Mr Asker’s house. The house was set on
fire, causing the destruction of the property and most of its contents. Mr and
Mrs Asker ran inside the house in an attempt to save their possessions: this
occurred either while the gendarmes were setting fire to the house by
pouring petrol onto it, or just before; it was not established that the house
was set on fire while the Askers were inside. Villagers came to see what
was happening and were prevented from trying to put out the fire.
28. A number of gendarmes, including CO Cömert, then proceeded to
Mrs Selçuk’s house. Despite her protests, petrol was poured on her house,
which was set on fire, by, or under the orders of, CO Cömert. Villagers,
including two of those who gave evidence to the Commission’s delegates,
were prevented from putting out the fire. Mrs Selçuk’s house and its
contents were completely destroyed.
29. Mr and Mrs Asker left the village briefly and returned about ten days
later. Mrs Selçuk spent the night or several nights in the village and then left
to stay in Diyarbakır with her daughter.
30. On or about 26 June 1993, a force of gendarmes arrived in İslamköy;
they were seen on the road nearby and in the village itself. The mill
belonging to Mrs Selçuk and others, which stood on a creek in İslamköy,
was set on fire and destroyed. CO Cömert was seen with the gendarmes at
the mill when this occurred.
31. Mr Asker complained about the destruction of his home to the
District Governor in Kulp, presenting a petition. No steps were taken in
response to this.
32. Following these events, Mrs Selçuk and Mr and Mrs Asker moved to
live permanently in Diyarbakır. İslamköy was abandoned completely by the
end of 1994 due to increased PKK activity.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Administrative liability
33. Article 125 of the Turkish Constitution provides as follows:
“All acts or decisions of the administration are subject to judicial review...