SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
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14. The security forces then went to Mrs Selçuk’s house. They ejected
her and some neighbours’ children who were staying with her, poured petrol
on the house and set fire to it. Villagers were again prevented from assisting
and CO Cömert pushed Mrs Selçuk, leading her to understand that she
should leave the village. She stayed that night in a neighbour’s house in
İslamköy and the following day went to live with her daughter in
Diyarbakır.
15. Approximately ten days later, on or about 25 June 1993, the soldiers
returned to the village and burned down the mill co-owned by Mrs Selçuk
and three others. Three other houses were set on fire in the village, two of
them destroyed. Mrs Selçuk’s brother-in-law, Mr Nesih Selçuk, telephoned
her in Diyarbakır with the news.
16. Mr and Mrs Asker left İslamköy on or about 25 June 1993; they saw
the smoke from the fires as they were leaving. They went initially to Kulp,
where Mr Asker lodged a petition with the District Governor, setting out the
losses caused by the security forces and naming “Recep” as the
commanding officer. The District Governor apparently accepted the petition
and referred it to the police, but Mr Asker never received a response to it.
The headman (muhtar) of İslamköy at the time, Mr Sait Memiş, also
allegedly informed the District Governor approximately ten days after the
incident that the houses had been burnt, although he attributed the burning
to the PKK.
C. The Government’s version of the facts
17. In his evidence to the Commission’s delegates (see paragraph 26
below), CO Cömert explained that he had been stationed as commander of
the Central Kulp gendarmerie between 15 July 1991 and 3 August 1993. He
had visited İslamköy on three occasions and knew Mr Asker and most of the
other inhabitants. He did not, however, visit the village during the month of
June 1993 and he had received no reports of any houses being burnt there at
that time. When asked why he thought the applicants had named him, he
told the delegates that untrue allegations of this type had been made against
him in the past in newspapers and a book.
18. The Government contended that the applicants’ complaints were
concocted by others and that they were acting under the influence of the
PKK and/or with a view to obtaining money.