6
İLHAN v. TURKEY JUDGMENT
Ahmet Kurt and Selim Uz. It also bore the apparent signatures of İbrahim
Karahan and Abdüllatif İlhan. However, Abdüllatif İlhan was illiterate and
unable to sign his name. He generally placed his thumbprint on documents.
Although the report purported to have been drawn up and signed at the
scene by the persons present, the Commission noted that Ahmet Kurt and
Selim Uz recollected signing it later. It also found that it was an unreliable
and misleading document, which did not correspond to the events as
described orally by the gendarmes.
20. After completing the operation at the village, the gendarmes returned
to the Konaklı station. Abdüllatif İlhan was unable to walk. İbrahim
Karahan carried him to the next village, Ahmetlı, where a donkey was
obtained. Abdüllatif İlhan rode on the donkey to Konaklı, with İbrahim
Karahan helping to keep him in the saddle. They arrived at about 3.30 to
4 p.m.
21. At the station, Ahmet Kurt took the statements of both men.
Abdüllatif İlhan was otherwise kept in the canteen while İbrahim Karahan
was placed in the custody area. No custody record recording their detention
was provided by the Government. At about 9 to 9.30 p.m., the Mardin
gendarmes left in their vehicles to return to Mardin, taking İbrahim Karahan
and Abdüllatif İlhan with them.
22. The gendarmes arrived in Mardin during the night, passing Mardin
State Hospital on the way. Abdüllatif İlhan and İbrahim Karahan were put
in the cafeteria of the Mardin central provincial gendarmerie station.
İbrahim Karahan recalled that two men in civilian clothes had come to the
cafeteria. One of them, who was apparently a doctor, had looked at
Abdüllatif İlhan without examining him and said that he was faking his
condition. Şeref Çakmak told the Commission delegates that he had called a
doctor and a paramedic to examine Abdüllatif İlhan and that, after the
examination, the doctor had stated that Abdüllatif İlhan was exaggerating
his symptoms. The Commission asked for the doctor and the paramedic to
be identified. The doctor identified by the Government failed to appear and
give evidence. The paramedic appeared, but could not remember ever being
called out to examine a detainee in the circumstances described. No
infirmary or medical records were produced to substantiate that treatment
was given. The Commission did not make any findings as to who had come
to look at Abdüllatif İlhan. It did find that at most he had received only
cursory first-aid treatment and that the purported doctor had discounted
visible signs of distress, without taking any precautionary steps in respect of
an evident trauma to the head.
23. Şeref Çakmak took further statements from the two men during the
day of 27 December 1992, probably around 5 to 5.30 p.m. Abdüllatif İlhan's
statement bore his thumbprint and the explanation that he did not have a
signature. İbrahim Karahan described Abdüllatif İlhan's condition as