KURT JUDGMENT OF 25 MAY 1998 24 Commission was fully conscious of the inconsistencies and contradictions in the applicant’s various written and oral statements on the course of events in the village during the military operation. Notwithstanding, she was found to be credible and convincing on the essential aspects of her account. Before the delegates she had never wavered under cross-examination, including by the Government lawyers present, in her assertion that she had seen her son outside Hasan Kılıç’s house on the morning of 25 November 1993 surrounded by soldiers and village guards. The Government’s contention that Üzeyir Kurt had been either kidnapped by the PKK or had left the village to join the terrorists had no basis in fact and could not rebut the applicant’s eyewitness account of her son’s detention. 88. The Delegate insisted that the Commission had duly considered every single discrepancy identified by the Government in the applicant’s version of the events. In particular, careful consideration was given to the seemingly conflicting statement provided by Hasan Kılıç to the gendarmes (see paragraph 31 above). Admittedly, Hasan Kılıç’s account raised doubts about the accuracy of the applicant’s recollection of the events on the morning of 25 November 1993. However, unlike the applicant, Hasan Kılıç had never testified before the delegates and his statement had to be treated with caution since it had been taken by the very officers whom the applicant alleged had detained her son. 89. For the above reasons, the Delegate requested the Court to accept the facts as found by the Commission (see paragraph 53 above). (b) The applicant 90. The applicant agreed with the facts as found by the Commission and its conclusions thereon. She had seen her son surrounded by soldiers and village guards outside Hasan Kılıç’s house on the morning of 25 November 1993. She confirmed before the Court that she has not seen him since. (c) The Government 91. The Government strenuously disputed the Commission’s findings of fact, and in particular the undue weight which it gave to the applicant’s evidence. They insisted that the applicant was in fact the only person claiming to have seen her son outside Hasan Kılıç’s house surrounded by soldiers and village guards. However, the Commission found her testimony to be credible despite the fact that she had retracted earlier allegations made against the security forces (see paragraphs 30 and 32 above) and many features of her account were highly implausible and at odds with other evidence (see paragraph 30 and 31 above).

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