İLHAN v. TURKEY JUDGMENT
5
butt hitting him. Abdüllatif İlhan remembered that he was kicked many
times and struck on the hip with the barrel of a G3 rifle which tore his skin
all the way down. He was also struck on the right side of the head with a
rifle butt. He lost consciousness and remembered little after that for about a
week. The gendarmes doused him in the nearby river to revive him.
17. The Commission rejected as implausible and contradictory the
testimony of the gendarmes concerning the apprehension of the two men.
Neither Ahmet Kurt nor Şeref Çakmak witnessed the apprehension of
İbrahim Karahan or Abdüllatif İlhan and their accounts lacked credibility.
Selim Uz claimed that he had found Abdüllatif İlhan concealed in the
bushes and that the latter had run away, falling twice near the river. The
Commission, however, found that his testimony was inconsistent on a
number of crucial points and that he gave his evidence in a clearly
exculpatory manner. On being questioned in detail, he also admitted that he
could not see exactly what had happened. The Commission therefore found
that the Government had not produced a witness who could unequivocally
state that he had witnessed Abdüllatif İlhan sustain injuries as a result of a
fall. It accepted the testimony of Abdüllatif İlhan and İbrahim Karahan,
which it found to be credible and convincing.
18. İbrahim Karahan and Abdüllatif İlhan were brought before the
operation commander, Şeref Çakmak, who kept them outside the village
until the end of the operation. A third man, Veysi Aksoy, was also
apprehended for aiding and abetting the PKK. The Commission did not
accept as credible testimony that a fire was lit to warm Abdüllatif İlhan. Nor
were any dry clothes brought for him from the village. At this point,
Abdüllatif İlhan had a visible injury to his head, with bruising around the
left eye and a mark on the right-hand side of his head, which had bled. He
was limping, showing an injury to the left leg. There were also noticeable
irregularities in his manner of speaking when Şeref Çakmak questioned him
at this time.
19. An incident report was drawn up by the gendarmes, dated
26 December 1992. It stated that İbrahim Karahan and Abdüllatif İlhan had
failed to stop when ordered and that Abdüllatif İlhan had fallen down a
slope, injuring his left eye and leg. The report was signed by Şeref Çakmak,