GÜLEÇ JUDGMENT OF 27 JULY 1998
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The investigating officer does not seem to have had any doubt about the
official version of events when, in his inquiry report, he maintained, inter
alia, that the victim’s father had made “gratuitous and inopportune
accusations against Major M. Karatan” which revealed “an ideological
outlook and a complete lack of objectivity”. He maintained that the security
forces had not aimed at the citizens or returned fire from the crowd, and that
they had twice as many wounded as the demonstrators. On that basis he
argued that it was impossible “to determine who was responsible for the
incidents” (see paragraph 27 above).
In addition, investigating officer Kurt merely interviewed a few people
without bothering to summon warrant-officer Ayhan or other witnesses,
such as Cüda Demir. The Court considers that the statements of the two
last-mentioned witnesses are of fundamental importance, since Mr Ayhan
was the driver of the Condor and Ms Demir was standing at the applicant’s
son’s side when he was hit by the bullet fragment which caused his death.
A reconstruction of the events would have made it possible to determine
the trajectory of the bullet fragment and the position of the weapon that had
fired it. Similarly a metallurgical analysis of the fragment would have made
it possible to identify its maker and supplier, and consequently the type of
weapon used. Furthermore, no one seems to have taken any interest in the
source of the bullet which passed through Ahmet Güleç’s body, following a
downward trajectory, which is perfectly consistent with fire having been
opened from the Condor’s turret.
80. The Court further observes that Şırnak Provincial Administrative
Council decided, on 18 October 1991, that there was no case to refer to the
criminal courts, on the ground that it was “not possible on the basis of the
evidence on the case file to identify who had killed and injured the victims”
(see paragraph 28 above). Such a conclusion cannot be accepted, regard
being had to the subjectivity shown by investigating officer Kurt and the
nature of the administrative authority concerned, which was chaired by the
Provincial Governor (who appointed the investigating officers and was in
charge of the local gendarmerie) or his deputy, and composed of local
representatives of the executive (the Director of Public Health and the
Director of Agriculture, for example). Subsequently, on 13 November 1991,
the Supreme Administrative Court noted that the Administrative Council
had made a discontinuation order. Consequently, “[s]ince those responsible
for the deaths and woundings [were] unknown”, it was “impossible [for the
court] to look into the case and give judgment” (see paragraph 29 above).