ERGI JUDGMENT OF 28 JULY 1998
8
European human rights association or in Turkey and if so, to provide further
explanations. He stated that he had applied to the HRA regarding his sister,
that he had not applied to the Kurdish Human Rights Project and that he had
applied to the European Commission of Human Rights indirectly through
the HRA. He gave details of his finacial position.
The second, signed by the applicant and by a public prosecutor, indicated
that the applicant had been shown his declaration of means and that he
confirmed that it looked like his. He had explained that he had made an
application in 1993 to the HRA and to the European Commission of Human
Rights. His application had not concerned anything else and he had not
wished to add anything.
27. The oral evidence included statements by the applicant himself,
Ahmet Kuzu (gendarmerie commander in the district of Ergani),
İsa Gündoğdu and Mustafa Yüce (Ergani public prosecutor). The following
witnesses had also been summoned but they did not appear: Bekir Selçuk
(Principal Public Prosecutor at the National Security Court, Diyarbakır),
Senai Baran (muhtar), Ibrahim Halil Ergi (father of Havva Ergi),
Seyit Battal Ergi (brother of Havva Ergi), Hasan Ergi (uncle of Havva Ergi)
and Hacere Ergi (mother of Havva Ergi).
28. The verbatim record of the hearing held on 7–8 February 1996
contained the following passages of relevance to the Government’s
preliminary objection as to the validity of the application (see paragraph 60
below):
“Mr GÜNDÜZ: We have your petition before us. It bears your signature.
Muharrem Ergi, isn’t it:
Mr Muharrem ERGI: Yes.
Mr GÜNDÜZ: Mr Ergi, do you know about the application that was written later on
your behalf? Did you see the application that was submitted to the Human Rights
Commission?
Mr Muharrem ERGI: Yes.
Mr GÜNDÜZ: Certainly you don’t speak English, do you?
Mr Muharrem ERGI: No, not much.
Mr GÜNDÜZ: Again there is a mistake. You are referred to as a woman. Of course,
the name Muharrem is not so usual and that is why. This is your signature. You said,
‘We went together with my father and mother’, didn’t you?
Mr Muharrem ERGI: Yes.”