KURT JUDGMENT OF 25 MAY 1998
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30. The only person who claims to have seen Üzeyir after that is the
applicant, whose accounts are inconsistent, contradictory and
unsubstantiated. In particular, she affirmed to the delegates at the hearing in
Ankara (see paragraph 13 above) that the villagers assembled in the
schoolyard were blindfolded. She subsequently retracted this statement.
Furthermore, her statements to the Diyarbakır Human Rights Association
and to the Commission in her application refer to one visit to her son to give
him cigarettes, whereas in her oral testimony before the delegates she
referred to two visits; her descriptions of how she received a message from
her son vary and she could not identify the child who allegedly delivered the
message to her that her son wanted cigarettes (see paragraph 15 above). In
addition, her account of making two visits passing through the village when
the security forces stated they were keeping people in their houses for
security reasons is implausible. The Government also maintain that it would
have been impossible for the applicant to retrieve her son’s jacket and socks
from his house on 25 November (see paragraph15 above) since it was
alleged by the applicant that it had been burnt down the previous day.
31. The Government place particular emphasis on the fact that
Hasan Kılıç (see paragraph 15 above) in his statement to the gendarmes of
7 December 1994 affirmed that the applicant came to his house, talked to
her son who had spent the night there and then left with him. The soldiers
had not left with Üzeyir. Furthermore, Üzeyir had not asked for cigarettes to
be brought to him at the house; nor did he see Üzeyir being detained in front
of his house by soldiers and village guards, as alleged. In fact, as
Captain Cural told the delegates at the hearing in Ankara, no village guards
had entered the village to back up the military operation.
32. In further support of the inconsistencies and contradictions in the
applicant’s account of the events, the Government also point to the
allegations originally made in the applicant’s application to the Commission
in which it was stated that the soldiers killed the livestock, pillaged goods
and beat the villagers. The applicant acknowledged that these allegations
were incorrect when giving evidence to the delegates.
2. Concerning the alleged intimidation and interference with the exercise
of the right of individual petition
33. The Government submit that the applicant was not subjected to any
pressure not to give evidence before the delegates as was strongly alleged
by the applicant’s representatives.
34. The Government submit that the applicant has clearly stated that she
did not wish to make a complaint against the State. Her only concern was to
find her son and it was for that purpose only that she went to the Diyarbakır
Human Rights Association. She had never been subjected to pressure by the
authorities to withdraw her application to the Commission.