İLHAN v. TURKEY JUDGMENT 25 100. The public prosecutor was aware that Abdüllatif İlhan had suffered injuries which had required hospitalisation. The life-threatening nature of these injuries was also apparent from the medical report issued by Dr Aydoğan. The incident report and the statements which were taken by the gendarmes alleged that Abdüllatif İlhan's injuries were sustained when he fell, trying to run away. There were, however, a number of features about these documents which should have alerted the prosecutor to the need to investigate further, besides the mere fact that such serious injuries were caused on apprehension by the security forces. These included the lapse of time between the moment Abdüllatif İlhan had sustained his injuries and his admission to Mardin State Hospital, and the appearance of Abdüllatif İlhan's signature on the incident report whereas his statement of 27 December 1992 bore a thumbprint and the explanation that he could not sign. It was also apparent that the incident report gave an unreliable account. It stated that İbrahim Karahan had failed to stop at the gendarmes' warning. However, the public prosecutor did not bring this charge against him as well as Abdüllatif İlhan as Şeref Çakmak had orally informed him that in fact İbrahim Karahan had not tried to run away. A further significant inconsistency was disclosed by the incident report's failure to mention that İbrahim Karahan had been injured on apprehension. Şeref Çakmak's written referral to hospital stated that İbrahim Karahan had also fallen and hurt himself when being apprehended, as had his written report to the public prosecutor of 27 December 1992. The latter document had also made the claim, not recorded in the allegedly contemporaneous incident report, that both men had physically resisted the gendarmes and that it was while pushing members of the security forces that they fell from the rocks. Indeed, each version of the incident produced by the gendarmes differed in significant details. 101. Notwithstanding these troubling elements, the public prosecutor took no independent investigative step. He did not seek to hear Abdüllatif İlhan's or İbrahim Karahan's version of events, nor did he obtain clarification from the relevant doctors about the extent and nature of the injuries. He also did not seek any eyewitness evidence as to how the alleged accident took place, but relied on the oral explanations of Şeref Çakmak and the incident report which had been signed by Şeref Çakmak, Ahmet Kurt and Selim Uz who, before the Commission delegates, were themselves unable to state that they had seen Abdüllatif İlhan fall. 102. Furthermore, the medical report issued by Dr Aydoğan upon Abdüllatif İlhan's arrival in the emergency ward was deficient in that it made no reference to the cause of the injuries as explained by the victim and did not refer to the other injuries and marks on his body. The Court is not persuaded that this is satisfactorily explained by the perceived need for urgent referral to specialist care in Diyarbakır. In any event, it highlights the