GÜLEÇ JUDGMENT OF 27 JULY 1998 36 The investigating officer does not seem to have had any doubt about the official version of events when, in his inquiry report, he maintained, inter alia, that the victim’s father had made “gratuitous and inopportune accusations against Major M. Karatan” which revealed “an ideological outlook and a complete lack of objectivity”. He maintained that the security forces had not aimed at the citizens or returned fire from the crowd, and that they had twice as many wounded as the demonstrators. On that basis he argued that it was impossible “to determine who was responsible for the incidents” (see paragraph 27 above). In addition, investigating officer Kurt merely interviewed a few people without bothering to summon warrant-officer Ayhan or other witnesses, such as Cüda Demir. The Court considers that the statements of the two last-mentioned witnesses are of fundamental importance, since Mr Ayhan was the driver of the Condor and Ms Demir was standing at the applicant’s son’s side when he was hit by the bullet fragment which caused his death. A reconstruction of the events would have made it possible to determine the trajectory of the bullet fragment and the position of the weapon that had fired it. Similarly a metallurgical analysis of the fragment would have made it possible to identify its maker and supplier, and consequently the type of weapon used. Furthermore, no one seems to have taken any interest in the source of the bullet which passed through Ahmet Güleç’s body, following a downward trajectory, which is perfectly consistent with fire having been opened from the Condor’s turret. 80. The Court further observes that Şırnak Provincial Administrative Council decided, on 18 October 1991, that there was no case to refer to the criminal courts, on the ground that it was “not possible on the basis of the evidence on the case file to identify who had killed and injured the victims” (see paragraph 28 above). Such a conclusion cannot be accepted, regard being had to the subjectivity shown by investigating officer Kurt and the nature of the administrative authority concerned, which was chaired by the Provincial Governor (who appointed the investigating officers and was in charge of the local gendarmerie) or his deputy, and composed of local representatives of the executive (the Director of Public Health and the Director of Agriculture, for example). Subsequently, on 13 November 1991, the Supreme Administrative Court noted that the Administrative Council had made a discontinuation order. Consequently, “[s]ince those responsible for the deaths and woundings [were] unknown”, it was “impossible [for the court] to look into the case and give judgment” (see paragraph 29 above).

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