SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
13
appeared unreliable, told the delegates that the applicants’ houses had been
destroyed by the PKK and not by the State as claimed by the applicants. The
Government further pointed out that the duty log of the Kulp gendarmerie
for the dates in question, which they had given to the Commission, did not
indicate any visits by gendarmes to the village.
51. The applicants submitted that the Government had been highly
selective in the manner in which they had identified inconsistencies in the
evidence given by the applicants and their witnesses. They reminded the
Court that none of the four villagers who gave evidence that the PKK had
burned down the houses had actually been in the village at the time of the
events in question. Moreover, their testimony was inconsistent in other
respects with that of the Government’s fifth witness, CO Cömert.
52. At the hearing, the Delegate emphasised that the Commission had
addressed in its report all the evidential issues raised by the Government
and, after a careful and detailed assessment, had come to the conclusion that
the various facts found by it had been proved beyond reasonable doubt.
53. The Court reiterates that under its case-law the establishment and
verification of the facts are primarily a matter for the Commission
(Articles 28 § 1 and 31 of the Convention). While the Court is not bound by
the Commission’s findings of fact and remains free to make its own
appreciation in the light of all the material before it, it is only in exceptional
circumstances that it will exercise its powers in this area. Such exceptional
circumstances may arise in particular if the Court, following a careful
examination of the evidence on which the Commission has based its
conclusions, finds that the facts have not been proved beyond reasonable
doubt (see the Menteş and Others v. Turkey judgment of 28 November
1997, Reports of Judgments and Decisions 1997-VIII, pp. 2709–10, § 66).
54. The Court has examined the findings in the Commission’s report and
the evidence on which the latter based its conclusions, principally the
transcripts of the hearings in Ankara (see paragraph 26 above), with a view
to determining whether any such exceptional circumstances arise in the
present case.
55. In this connection, it considers it to be of particular significance that
the Commission’s delegates had the opportunity to see and hear the
applicants and other witnesses give their testimony and answer questions
put by the delegates themselves and by lawyers for the Government and the
applicants. It notes that the Commission found the applicants’ demeanour
and comportment to be convincing and sincere (see the report of the
Commission, paragraph 149).