ÇAKICI v. TURKEY JUDGMENT
7
reply was given to him that Ahmet Çakıcı was not on the list of persons in
custody.
26. By letter dated 4 April 1994, the Hazro public prosecutor, Aydın
Tekin, informed the Chief Public Prosecutor at the Diyarbakır National
Security Court that, on examination of their records, Ahmet Çakıcı had not
been taken into custody or detained on 8 November 1993.
27. By letter dated 19 April 1994 to the Chief Public Prosecutor at the
Diyarbakır National Security Court, the Hazro public prosecutor, Aydın
Tekin, confirmed his letter of 4 April 1994 and stated that no application
had been filed by Ahmet Çakıcı’s family to the effect that he was missing.
28. By letter dated 18 August 1994, the Ministry of Justice (General
Directorate for International Law and External Relations), referring to
correspondence from the Foreign Ministry of 19 July 1994 outlining the
complaints made by the applicant to the European Commission of Human
Rights, requested the Diyarbakır Attorney-General to have the applicant’s
complaints investigated and evaluated according to law.
29. On 9 September 1994, the applicant’s statement was taken by a
public prosecutor at Diyarbakır. In his statement, he stated that his brother
Ahmet Çakıcı had been taken into custody by soldiers on 8 November 1993
and that he had been seen by Mustafa Engin and Tahsin Demirbaş, who
were also detained. On 25 November 1994, the public prosecutor took a
statement from Remziye Çakıcı. She stated that gendarmes had taken away
her husband during an operation on 8 November 1993.
30. By letter dated 1 December 1994, Colonel Eşref Hatipoğlu of
Diyarbakır provincial gendarmerie command informed the Diyarbakır
Attorney-General, in reply to a letter of enquiry of 22 November 1994, that
their records indicated that Ahmet Çakıcı had not been detained on
8 November 1994 [error for 1993].
31. By letter dated 8 December 1994, Colonel Eşref Hatipoğlu reported
to the Diyarbakır provincial authorities on the subject of the applicant’s
application to the European Commission of Human Rights. It was reported,
inter alia, that police officers had been unable to find the addresses of the
applicant, his father, Ahmet Çakıcı, Mustafa Engin, Abdurrahman Al or
Tahsin Demirbaş for the purpose of taking their statements. It had been
established that Ahmet Çakıcı, who was alleged to be missing, was involved
with the PKK, having participated in killings. He was reported to have been
a member of the PKK mountain team which, on 23 October 1993,
kidnapped seven persons (five teachers, an imam and the imam’s brother)
from Dadaş village and killed five of them. Their headquarters were looking
for him.
32. By letter dated 1 March 1995, Colonel Eşref Hatipoğlu forwarded to
Hazro district gendarmerie command documents found in the area and upon
the bodies of fifty-six terrorists found dead as a result of an operation
carried out in the Kıllıboğan region from 17-19 February 1995.