KURT JUDGMENT OF 25 MAY 1998
9
She had freely made statements to a Bismil notary on 6 January and
10 August 1995 (see paragraphs 22 and 24 above) in which she rejected the
application to the Commission which the Diyarbakır Human Rights
Association had presented in her name. No soldiers were around her when
she made these statements, there was an interpreter present and her
statements were read out to her before she fingerprinted them.
35. According to the Government, the applicant has been manipulated
by the representatives of the Diyarbakır Human Rights Association who
distorted the information which she gave them about the disappearance of
her son into unfounded allegations that the soldiers, inter alia, slaughtered
and ate the villagers’ livestock during the operation in the village, looted
their goods and tortured the persons kept in the schoolyard (see
paragraph 32 above). These and other serious allegations were later shown
to be fabrications and the applicant has herself denied that she made them.
She had never been put under pressure by the authorities not to attend the
delegates’ hearing in Ankara. In fact, she had been minded not to attend
since she was anxious to discontinue the application. It was in fact her
lawyers who put pressure on her to appear since they discovered that she in
fact did not want to attend.
36. As to the prosecution of the applicant’s lawyer, Mahmut Şakar, the
Government state that he has been instrumental in the manipulation of the
application to the Commission and has exploited the Convention system for
propaganda purposes. The Government’s decision to take proceedings
against him was justified.
C. Materials submitted by the applicant and the Government to the
Commission in support of their respective assertions
37. In the proceedings before the Commission the applicant and the
Government submitted a number of statements which she had made
between 24 December 1993 and 7 February 1996 to the Diyarbakır Human
Rights Association, the Bismil public prosecutor, the gendarmes, the
Principal Public Prosecutor’s office at Diyarbakır and to the notary in
Bismil. The applicant also submitted official documents concerning the
inquiry into the conduct of her lawyer, Mahmut Şakar. These materials were
studied by the Commission when assessing the merits of the applicant’s
allegations as regards both the disappearance of her son and the intimidation
of both her and her lawyer.
38. Statements were taken by gendarmes from twelve villagers between
23 February and 7 December 1994. On 23 February 1994 Arap Kurt, the
muhtar of Ağıllı village at the relevant time, Davut Karakoç and
Mehmet Kurt (both cousins of Üzeyir Kurt) were interviewed by gendarmes
and asked about “their knowledge and observations about the hostage
Üzeyir Kurt who had been kidnapped by the PKK”. Hasan Kılıç (see
paragraph 15 above), Mevlüde Kurt (see paragraph 15 above) and other
villagers present at the time of the military operation were questioned by