ÇAKICI v. TURKEY JUDGMENT
5
Çakıcı had been beaten, a rib being broken and his head split open. He was
taken out of the room for interrogation on several occasions, when he
received electric shocks and was beaten. Mustafa Engin was also told by
Ahmet Çakıcı that a first lieutenant had taken money from him. At the end
of this period, the other three detainees were brought before the court. Engin
and Demirbaş were released and Abdurrahman Al was remanded in
custody. Engin did not see Ahmet Çakıcı again.
16. After eighty-five days at the provincial gendarmerie headquarters, in
or about late January-early February 1994, Ahmet Çakıcı was taken back to
Hazro where he was detained for several months. From there he was moved
to the gendarmerie station at Kavaklıboğaz. During a period of thirteen days
in or about spring or early summer 1994, Hikmet Aksoy, who was also
detained at Kavaklıboğaz, saw Ahmet Çakıcı when they were taken out of
the cells for meals. At the end of that period, Hikmet Aksoy was transferred
to Lice.
17. In May 1996, following the transmission of Government
submissions, the applicant learned for the first time that it was claimed by
the authorities that Ahmet Çakıcı had been killed in a clash between 17 and
19 February 1995 on Kıllıboğan Hill, Hani. The identification appeared to
be based solely on the claim that Ahmet Çakıcı’s identification card was
found on one of the bodies.
2. Facts as presented by the Government
18. The Government recall that at this time the PKK (the Workers’ Party
of Kurdistan) had destroyed numerous villages, inflicted suffering on
thousands of innocent victims and exerted intolerable oppression over the
population of the south-east region.
19. They state that Ahmet Çakıcı was not taken into custody by the
security forces during the operation carried out at Çitlibahçe on 8 November
1993 and was not held in detention over any subsequent period. The custody
records indicated that he was not held at Hazro or at Diyarbakır provincial
gendarmerie headquarters. Nor was he was taken to the gendarmerie station
at Kavaklıboğaz.
20. Ahmet Çakıcı was a militant member of the PKK organisation.
Following an armed clash between the PKK and the security forces on 17 to
19 February 1995, he had been found dead with fifty-five other militants at
Kıllıboğan Hill. Ahmet Çakıcı had been implicated in the killing on
23 October 1993 of five teachers from Dadaş whom he had reportedly
described as “servile dogs of the State”. He most probably disappeared after
this incident with the intention of escaping justice and continuing his
activities for the PKK.
21. No complaint was made to the public prosecutor at Hasro by any
member of the applicant’s family in respect of the alleged disappearance.