The applications of AKDIVAR & Others v.Turkey and AKSOY v.Turkey have now been referred to the European Court of Human Rights.

The Reports, Dated 26 October, concern the application of Akdivar & others and the destruction and evacuation of the village of Kelekci, Province of Diyarbakir in South-East Turkey and the application of Mr. Zeki AKSOY concerning his torture, while in detention.

The state of Turkey now has to address these allegationd and findings of the Commission before the highest judicial body in Europe.

The individual applicants were assisted in taking their grievances to Strasbourg by the Human Rights Association of Turkey and the Kurdish Human Rights Project.

AKDIVAR & Others v. Turkey.

The Commission Report of 26 October finds it convincingly shown that security forces were responsible for the burning of thenine Kelekci houses, Diyarbakir Province on 10 November 1992.

The case concerns the destruction of the houses of the applicants in the village of Kelekci, Dicle District, Diyarbakir Province and the subsequent evacuation of the village.

The Commission report states, "The general impression created by the villagers' oral testimony before the delegates is one of simplicity, sincerity and courage."

In contrast..." the Commission considers that the testimony given by the officials was generally evasive."

The applicants alleged violations of articles 3, 5, 6, 8, 13, 14 and 18 of the Convention as well as Article 1 of Protocol 1.

The Commission Report finds violations of:

Article 8: very seroius interference by the public authorities with the applicants' rights to respect for private family life, home...

Article.1 of Protocol 1: violation of the right to the peaceful enjoyment of their possessions.

Article 3: the burning of the applicants' homes by security forces, resulting in migration and dire personal circumstances - little State assistance forthcoming - amounts to inhuman and degrading treatment.

Article 6(1) and 13: violation of the right to effective access to tribunals and domestic remedies.

Article 25: questioning the applicants about their applications before the Comission, asking the applicants to sign statements declaring in effect that no such applications had been brought, and arresting and detaining lawyers who assisted the applicants was a failure by Turkey to comply with its obligaions not to hinder persons making an application under a the convention.

AKSOY v. Turkey

The commission Report of 26 October 1994 finds that the applicant, Zeki Aksoy was tortured whilst in detention.

The case concerns the detention of Zeki Aksoy in police-custody in November - December 1992, his ill-treatment whilst in detention and the failure to bring him before a judge. The applicant was subsequently killed on 16 April 1994. The applicant alleged violations of articles 3, 5(3), 6(1), 13, 25)

The Commission's Report states, "The Commission finds the statements of Mustafa Yazgan [police officer who interrogated the applicant]and Riza Cingi [public prosecutor who saw applicant prior to his release] unconvincing. ...Mustafa Yazgan's flat denial of any knowledge of such events [ill-treatment at the hands of the police] and Cingi's declaration that in his 20 years of professional life no one had ever complained to him about ill-treatment in custody astonished the Commission and would seem to indicate that these two persons were anxious in all circumstances to deny that ill-treatment has occurred within their area of responsibility"

The Commission's report finds, Article 3: it is established that the applicant, during his detention, was subjected to ill-treatment which included his being strung up by the arms, commonly known as 'Palestinian Hanging'.

Article 5(3): despite the serious terrorist threat in Turkey, the measure which allowed the applicant to be detained for 14 days or more without being brought before a judge exceeded the Government's 'margin of appreciation'. Article 6(1): violations of the right to effective access to tribunals and domestic remedies.

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