ERGI JUDGMENT OF 28 JULY 1998 (b) for the Commission Mrs G.H. THUNE, 3 Delegate; (c) for the applicant Ms F. HAMPSON, Barrister-at-Law, Mr K. BOYLE, Barrister-at-Law, Ms A. REIDY, Barrister-at-Law, Counsel. The Court heard addresses by Mrs Thune, Ms Hampson, and Mrs Akçay. AS TO THE FACTS I. THE PARTICULAR CIRCUMSTANCES OF THE CASE 6. The applicant, Mr Muharrem Ergi, a Turkish citizen of Kurdish origin, was born in 1954 and lives at Incirliova, Aydın. 7. The application was brought on behalf of the applicant himself, his deceased sister, Havva Ergi, and her young daughter. It concerns complaints relating to an incident on 29 September 1993 in which Havva Ergi was killed. The village in which the events took place has two names: an old Kurdish name of Gisgis and an official Turkish name of Kesentaş. The latter name has been used below. 8. The facts in this case are disputed. A. The applicant’s version of the facts 9. A week before the incident on 29 September 1993 in the applicant’s village of Kesentaş, Cuma Bali, one of two “collaborators” in the village had been killed by the PKK (Workers Party of Kurdistan). The day before the incident, Ibrahim Halil, the other “collaborator” had moved, under the protection of Ziyaret village guards and apparently with the assistance of gendarmes, from the applicant’s village to Ziyaret, a village five kilometres away. A “collaborator” is described by the applicant as someone spying for the State as distinct from members of the village guards. 10. On 29 September 1993, the security forces set up an ambush in the vicinity of the village purportedly to capture members of the PKK. They consisted, inter alia, of a commando unit and village guards from Ziyaret. Security forces were located in or near a cemetery 600 metres