Both cases have passed before the European Commission of Human Rights which, in Article 31 decisions released in December 1995, found Turkey in breach of the European Convention of Human Rights.

Akdivar and Others v. Turkey deals with allegations of the destruction of nine houses in the village of Kelekci in Diyarbakir Province. The applicants allege that Turkish gendarme burned their houses and destroyed their belongings. In addition, the gendarme fired heavy weapons from military vehicles and shot livestock that belonged to the villagers. The Commission found Turkey in violation of Articles 8 (respect for family life), 3 (freedom from inhuman and degrading treatment), 6(1) and 13 (right to effective access to tribunals and domestic remedies), 25 (right to make an application under the Convention), and Article 1 of Protocol 1 (right to peaceful enjoyment of possessions).

Aksoy v. Turkey involves allegations of torture while in detention of Mr. Zeki Aksoy. According to Mr. Aksoy's account of the facts, the Turkish authorities detained him on 24 November 1992 and tortured him at the Mardin State Security Directorate. The torture took the form of beatings, abuse, electric shocks, hosing with cold water and Palestinian hanging (suspension by the arms which have been tied behind the back). The Commission found Turkey in violation of Articles 3(freedom from inhuman or degrading treatment), 5(3) (freedom from detention which exceeded the Government's "margin of appreciation"), and 6(1) (right to effective access to tribunal and domestic remedies).

These cases are indicative of broader issues of concern: the forced eviction of an estimated three million people from south-east Turkey and the continuing systematic use of torture in Turkey.

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