GÜLEÇ JUDGMENT OF 27 JULY 1998
(k)
10
Summary of the investigation, filed on 14 October 1991 by investigator
Osman Kurt
27. This document contains the results of the investigation carried out by
the two investigating officers.
Mr Kurt, who was at the material time a gendarmerie major, made the
following findings of fact:
“On 4 March 1991 an unauthorised demonstration started in the early morning and
lasted into the afternoon. The demonstrators were chanting PKK slogans and shouting
defiance of the Turkish Republic. This demonstration grew to a crowd of 3,000
people. The demonstrators then began to damage public buildings and vehicles and
related property. They fired shots in all directions. Since there were not enough police
officers, reinforcements were requested. The gendarmerie company command and the
district gendarmerie headquarters responded to this request in accordance with the
provisions of Law no. 2803 on the duties and powers of the gendarmerie. In the course
of these events two citizens were killed and approximately thirteen others injured. The
majority of the persons taken into custody were arrested after initial questioning.
Twenty-seven officers, warrant-officers, sergeants and men from the security forces
were also injured in the same incidents.”
With regard to the identity of those responsible, he concluded:
“The statement of Abdülvehap Öner ... reveals that he did not see, and does not
know, who opened fire... Hüseyin Güleç, the father of the victim [Ahmet Güleç] ...
makes gratuitous and inopportune accusations against Major M. Karatan, who was
simply obeying orders. The fact that the major has been made the target of the
accusations, despite the fact that he was armed only with his handgun, reveals an
ideological outlook and a complete lack of objectivity. The security forces did not aim
at the citizens and have twice as many wounded as the demonstrators. The law was
applied in order to prevent further incidents. There is, nevertheless, an imbalance
(between the numbers of wounded on each side). The security forces did not reply ...
to the shots from the crowd. In such circumstances, it is impossible to determine who
was responsible for the incidents. In total, 200 police officers and gendarmes were
deployed.”
In the covering letter to the summary of the investigation he asserted:
“The investigation has shown that the complaints filed by Hasip Kaplan [the
applicant’s lawyer] and his fifteen friends contain unfounded and regrettable
statements reflecting a lack of objectivity.”
(l)
Discontinuation order of 18 October 1991 made by Şırnak Provincial
Administrative Council
28. This order stated that there were no grounds to commit for trial any
civil servants belonging to the security forces responsible for maintaining
order during the demonstration of 4 March 1991. According to this
document, the material facts were as follows: