GÜLEÇ JUDGMENT OF 27 JULY 1998
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13. On 20 January 1993 Mr Güleç’s lawyer wrote to the Chairman of
İdil District Administrative Council enquiring what had been done about the
applicant’s complaint. On 3 March 1993 the Şırnak Provincial Authority
sent the applicant’s lawyer copies of the discontinuation order of 18 October
1991 and the Supreme Administrative Court’s judgment of 13 November
1991.
B. The evidence before the Commission
1.
Documentary evidence
14. The applicant and the respondent Government submitted various
documents relating to the investigation carried out after the death of
Ahmet Güleç to identify those responsible. They also produced documents
relating to the criminal proceedings brought against persons who were
suspected of taking part in the demonstration.
(a)
The criminal complaint lodged by the applicant on 5 April 1991 with the İdil
public prosecutor’s office
15. The applicant alleged that his son had been shot and killed by the
security forces in the course of the incidents of 4 March 1991. He stated that
eyewitnesses had seen the killing and asked that the gendarmes who had
killed his son be identified.
(b)
Petition lodged with the İdil public prosecutor’s office by four local councillors
and eight leading members of the İdil branches of various political parties
16. The petitioners, who had all witnessed these events, alleged that
during an unauthorised demonstration the gendarmes had opened fire on
unarmed demonstrators. Two people had been killed and more than twenty
wounded. The gendarmerie commander had given the order to fire at will on
unarmed people. In particular, the local councillors, who had been in a
meeting in the district authority offices, had seen the security forces opening
fire on young people. One senior-high-school pupil had been killed and
others wounded in the shooting. The petition stated that the gendarmerie
had acted without reference to the District Commissioner, the public
prosecutor or the police. The signatories requested the public prosecutor to
take the necessary steps to bring those responsible to justice.