GÜLEÇ JUDGMENT OF 27 JULY 1998 (e) 7 Statement of Abdülvehap Öner, a resident of İdil, taken on 28 March 1991 by the İdil public prosecutor 19. The witness gave the following version of events: “On 4 March 1991 ... I came across the crowd of demonstrators. I did not join them, but went back the way I had come. At that moment I saw that shots were being fired at the ground from the armoured military vehicle, presumably to disperse the demonstrators. Something – I suppose pieces of lead – anyway, bits of metal – hit my left arm, right thigh and the inside of my left calf. I fell to the ground. I must have lost consciousness... I did not see who fired the shots which hit me, or what weapon they came from. However, shots did come from the Condor military vehicle.” (f) Declaration of lack of jurisdiction ratione materiae made on 19 April 1991 by the İdil public prosecutor 20. The İdil public prosecutor declared that he had no jurisdiction to examine the applicant’s complaint against the İdil gendarmerie commander, Major M. Karatan, for reckless and negligent homicide. The public prosecutor found that Major Karatan had been acting in the performance of his duties and observed that civil servants were subject to special provisions. He accordingly sent the case file to the İdil District Commissioner, who forwarded it to the Şırnak Provincial Administrative Council for investigation. (g) Declaration of lack of jurisdiction made on 7 June 1991 by the İdil public prosecutor regarding the wounding of Abdülvehap Öner 21. This declaration states: “On 4 March 1991 the security forces fired into the air from the armoured vehicle belonging to the İdil gendarmerie with the aim of dispersing the demonstrators. One person was wounded by the shooting... The bullets which hit the demonstrator were fired by civil servants acting in the performance of their duties. It has not been possible to identify the persons in question.” (h) Letter of 12 June 1991 from the İdil District Commissioner to the İdil gendarmerie commander 22. In this letter, the İdil District Commissioner stated: “On 4 March 1991 an illegal demonstration took place in [İdil]. In order to make the demonstrators disperse, the security forces fired into the air from the armoured vehicle belonging to the gendarmerie of our district. One citizen was wounded. An investigation into the conduct of the gendarmes has been opened.”