İLHAN v. TURKEY JUDGMENT 3 There appeared before the Court: (a) for the Government Mr M. ÖZMEN, Ms Y. KAYAALP, Mr O. ZEYREK, Ms M. GÜLSEN, Mr H. ÇETINKAYA, (b) for the applicant Ms F. HAMPSON, Ms A. REIDY, Mr O. BAYDEMIR, Ms R. YALÇINDAĞ, Mr M. KILAVUZ, Agent, Advisers; Counsel, Advisers. The Court heard addresses by Ms Hampson and Mr Özmen. 9. On 31 May 2000 Mrs Palm, who was unable to take part in the further consideration of the case, was replaced by Mr L. Ferrari Bravo (Rule 24 § 5 (b)). THE FACTS I. THE CIRCUMSTANCES OF THE CASE 10. The facts of the case, particularly concerning events on 26 and 27 December 1992 when Abdüllatif İlhan, the applicant's brother, was apprehended by gendarmes during an operation at the village of Aytepe and went to hospital for emergency medical treatment of a serious head injury, were disputed by the parties. The Commission, pursuant to former Article 28 § 1 (a) of the Convention, conducted an investigation with the assistance of the parties. The Commission delegates heard witnesses in Ankara from 29 to 30 September 1997 and on 4 May 1998. The witnesses included the applicant; his brother Abdüllatif İlhan; İbrahim Karahan, the villager who was apprehended during the same operation; Şeref Çakmak, the commander of the Mardin central gendarmerie, in charge of the operation at Aytepe; Ahmet Kurt, the commander of the local gendarmerie station at Konaklı; Selim Uz, a gendarme doing his military service at Konaklı; Dr Mehmet Aydoğan, the doctor who examined Abdüllatif İlhan at Mardin State Hospital; Dr Ömer Rahmanlı, who treated Abdüllatif İlhan at Diyarbakır