ÇAKICI v. TURKEY JUDGMENT
13
headquarters he saw and spoke to Ahmet Çakıcı, who was detained over a
period of sixteen to seventeen days in the same room. It also accepted his
evidence that Ahmet Çakıcı looked in a bad condition, with dried blood on
his clothes, and that Ahmet Çakıcı had told him that he had been beaten, one
of his ribs broken, his head split open and that he had been given electric
shocks twice. Supporting evidence for the fact that Ahmet Çakıcı had been
detained and ill-treated was to be found in the written statement of
Abdurrahman Al, taken by the HRA.
The Commission gave consideration to the written statements made by
Mustafa Engin and relied on by the Government as undermining his oral
testimony. It found the first statement taken from Mustafa Engin by a police
officer on 12 March 1996 to be a brief and imprecise denial. The statement
taken by a public prosecutor on 13 May 1996 was also brief and contained
contradictory and ambiguous phrasing. It concluded that this statement was
not a full and frank reflection of Mustafa Engin’s testimony and did not
destroy the credibility of his evidence to the delegates. It accordingly found
it established that Ahmet Çakıcı was taken after his apprehension at
Çitlibahçe to Hazro where he spent the night of 8 November 1993 and that
he was transferred to Diyarbakır provincial gendarmerie headquarters where
he was last seen by Mustafa Engin on or about 2 December when the latter
was released.
51. The Commission made no findings as to the allegation made by the
applicant that Ahmet Çakıcı was taken from Diyarbakır provincial
gendarmerie headquarters to Hazro and from Hazro to Kavaklıboğaz
gendarmerie station. These allegations were based on oral statements made
to the applicant by Hikmet Aksoy, who did not appear before the delegates
and who had not produced any written statement. While there were some
supporting elements, the Commission found that the evidence failed to
reach the requisite standard of proof.
3. The reports of Ahmet Çakıcı’s death
52. The family of Ahmet Çakıcı were not informed of his alleged death
in a clash between the PKK and the security forces on 17 to 19 February
1995. Although Colonel Eşref Hatipoğlu had been requested to provide the
authorities with information as to the whereabouts of Ahmet Çakıcı, he
made no official report as to the alleged finding of Ahmet Çakıcı’s identity
card on the body of one of the dead terrorists at Kıllıboğan Hill. The first
report as to the finding of the identity card was made by the Hazro
gendarmes, who had been passed information that the clash had occurred,
accompanied by unspecified documents, by Colonel Hatipoğlu. There were
however no documents provided to the Commission relating to the
identification of the body or release of the body for burial. The Commission
was not prepared to find it established that Ahmet Çakıcı was killed as
alleged or that his body was amongst those found at Kıllıboğan Hill.