GÜLEÇ JUDGMENT OF 27 JULY 1998
18
office, he had seen a body stretched out on the ground. There was no one
with it. Mr Ayhan had told the driver of the armoured vehicle to keep well
away from the body because it could have been a trap. When the Condor
came up behind the crowd, which had already got as far as the infantry
regiment barracks, the people had moved aside. The demonstrators had run
away and the disturbances had ended. When the Condor again returned to
its position near the gendarmes’ quarters, the body was no longer lying in
the main street.
Mr Ayhan stated that the Condor was equipped with an MG-3 automatic
rifle. This was the weapon he had used to fire into the air. He had pressed
the trigger two or three times. He did not know the exact number of bullets
he had fired but he estimated that it must have been between fifty and sixty.
The MG-3 machine gun was a combat weapon. If he had fired on the crowd,
many people would have been killed.
Mr Ayhan stated that he knew that an investigation into these events had
been opened but did not remember giving a statement to anyone in
authority. He did not remember whether the spent cartridges from the
weapon he had used had been passed on to the judicial authorities. If not,
they would have been kept in the gendarmerie depot and handed over to
superior officers.
In response to a question concerning the death of another demonstrator,
Mr Ayhan stated that the Condor had fired in the air in a narrow street. As
soon as the trigger of an MG-3 machine gun was pressed, it immediately
fired at least ten bullets. Mr Ayhan thought the victims had been killed by
bullets fired by the PKK. PKK militants were not professionals and often hit
the wrong targets.
(i)
Bekir Rayif Aldemir (İdil public prosecutor at the material time)
38. Mr Aldemir stated that on 4 March 1991 he was in İdil and had seen
the demonstration. While on his way to his office, he had heard shots and
slogans and had taken refuge in the gendarmerie building. At that moment,
he had heard numerous gunshots coming from the centre of town.
From the garden of the gendarmerie building he could see the Condor
armoured vehicle moving along Atatürk Street, firing in the air in order to
disperse the crowd. Shots fired in the air made a different sound than
straight shots. He had also heard Kalashnikov and MG-3 fire coming from
the gendarmerie building.
As regards the investigation, he had conducted an inquiry following the
criminal complaint filed with the İdil public prosecutor’s office by
Hüseyin Güleç. He had taken a statement from Mr Güleç and other
witnesses. He had ordered an autopsy on the victim’s body.