ÇAKICI v. TURKEY JUDGMENT
12
gendarmes that Ahmet Çakıcı was already wanted by the authorities in
relation to suspected PKK involvement before this operation and found that
in all probability the Hazro gendarmes went to Çitlibahçe with the intention
of locating and apprehending Ahmet Çakıcı in relation to the kidnapping
incident.
47. The Commission assessed the evidence of the witnesses from the
village, Remziye Çakıcı, Fevzi Okatan and Mehmet Bitgin, who stated that
they saw Ahmet Çakıcı being taken from the village by the gendarmes, as
being on the whole consistent, credible and convincing. They found the
Government’s objections to their credibility to be unfounded on
examination. Accordingly, the Commission found that when the gendarmes
arrived in Çitlibahçe on 8 November 1993, Ahmet Çakıcı attempted to hide
but was found and taken from the village in custody by the Hazro
gendarmes. Meanwhile, in Bağlan village, the Lice gendarmes took into
detention three individuals, Mustafa Engin, Abdurrahman Al and Tahsin
Demirbaş.
2. The alleged detention and ill-treatment of Ahmet Çakıcı
48. Mustafa Engin, Abdurrahman Al and Tahsin Demirbaş were taken to
Lice gendarmerie headquarters where they spent the night. They were not
entered into the custody records. The next day, on 9 November 1993, they
were taken to Diyarbakır provincial gendarmerie headquarters, where
entries in the custody record stated that they had been detained on that day.
49. The Hazro gendarmerie station custody record made no entry on
8 November with respect to Ahmet Çakıcı. Nor did the copies of the entries
for the period November to December 1993 at the Diyarbakır provincial
gendarmerie headquarters. The Commission examined in detail the entries
for both. It found disturbing discrepancies. In particular, it found that entries
were not in sequential or chronological order; that all the entries in the
Diyarbakır custody record were in the same handwriting; and that the
number of persons recorded as detained in Diyarbakır exceeded the
officially available number of cells. This gave rise, inter alia, to a strong
suspicion that entries were not made contemporaneously. The oral
explanations of Ahmet Katmerkaya, who was responsible for the Diyarbakır
provincial gendarmerie records, were found by the Commission to be highly
unsatisfactory, indicating that an entry in the register did not necessarily
indicate the physical presence of a suspect and that no entries were made to
reflect the movements of suspects in and out of the custody area. It
concluded that the record did not constitute an accurate or comprehensive
record of the persons who might have been detained over that period and the
absence of Ahmet Çakıcı’s name in the Hazro and Diyarbakır records was
not sufficient to prove that he had not been taken into custody.
50. The Commission accepted the oral evidence of Mustafa Engin, who
stated that while he was detained at Diyarbakır provincial gendarmerie