Reply of the applicant to the observations of the Government of Turkey submitted to the European Commission of Human Rights in the Gülten Aytekin case. The applicant 'submits that the killing of Ali Rıza Aytekin is a clear violation of Article 2 of the European Convention on Human Rights in that the killing took place after the car had stopped and the soldier fired without cause or justification.' The applicant 'also complains that the manner in which the investigation has been conducted and the extraordinary delays in finalizing it prejudice her right to an effective remedy and constitute a violation of Article 13.' Attached is the statement of Dr. Christopher Milroy, Senior Lecturer in Forensic Pathology, University of Sheffield, providing his analysis of submitted materials and concluding that the idea that the bullet has been fired at a tyre but ricocheted into the car killing the driver and exiting to the front is implausible.
Response of the applicant in the Gülten Aytekin case to the questions set out in the European Commission of Human Rights' letter of 26 October 1995. The reply states that the killing of Ali Rıza Aytekin is a violation of Article 2 of the European Convention on Human Rights and that the lack of procedural safeguards in the failure to hold an impartial, thorough, and careful examination of the circumstance surrounding the killing is another violation of Article 2. The reply notes that the victim made no attempt to escape that would justify the use of gunfire to stop the vehicle.
Supplementary materials pertaining to the case filed by four women, Azize Menteş, Mahile Turhallı, Sulhiye Turhallı, and Sariye Uvat, on 20 December 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 23186/94, late given case number 58/1996/677/867, referred to internally within the Kurdish Litigation Project as Cases 70 through 73 and assigned to Kevin Boyle as lead) regarding the destruction of their houses in the village of Sağgöze (Riz), Genç District, Bingöl Province on 25 June 1993. Materials from the main casefile are located at A44/43/1/46.
The Commission ‘was satisfied that Sulhiye and Mahile Turhallı were still living in their houses in the lower neighbourhood of the village of Sağgöze in the summer of 1993 and were present on 25 June 1993. However, as appeared to be a not uncommon pattern of life in this region, these two applicants left the village in the winter for Diyarbakır and returned in the summer to tend to their gardens and crops. As regards Azize Menteş, while she probably did not own a house herself, she lived in the house of her father in-law when she returned in the summer months to the village. The Commission found that on the balance of the evidence, she was also living in the lower neighbourhood on 25 June 1993.
As regards the events in Sağgöze the Commission accepted in its principal elements the oral evidence of Azize Menteş, Mahile Turhallı and Sulhiye Turhallı. Considering that their oral evidence was more consistent, more credible and more convincing than the evidence given by the four villagers, it found as follows.
On the evening of 24 June 1993, a large force of gendarmes had arrived in the vicinity of Sağgöze village. On 25 June 1993, the gendarmes had entered both upper and lower neighbourhoods and carried out searches. At some point, the villagers in the upper neighbourhood, with the exception of the younger men who were out working, had been gathered in front of the school, probably to be questioned about the PKK (Kurdistan Workers’ Party) in the area. In the lower neighbourhood, the women, including the applicants, had been required by the soldiers to leave their houses and their houses had been set on fire, with all their belongings and property inside, including the clothing and footwear of children. The burning had been restricted to the lower neighbourhood. Around midday, a helicopter had arrived in the village in the upper neighbourhood, probably bringing a senior officer, a colonel, and his arrival had been associated by the applicants and some of the other villagers with an order to cease the burning. The gendarmes left that day. Shortly afterwards, the three applicants, with their children or other members of their family, had to walk for up to ten hours to the Lice-Diyarbakır road from where they were given rides in vehicles into Diyarbakır.
As to the alleged operation by security forces in which the house of the fourth applicant, Sariye Uvat, was burned along with others in the hamlet of Piroz, no facts have been established in relation to this applicant’s complaints. Due to ill-health she did not appear at the hearings before the Commission delegates, unlike the first three applicants.’
On 28 November 1997, the European Court of Human Rights dismissed by 15 votes to 6 the preliminary objection concerning the exhaustion of domestic remedies; held by 16 votes to 5 that there had been a violation of Articles 8 and 13 of the European Convention on Human Rights with respect to the first three applicants; held unanimously that there had been no violation of Articles 14 and 18 of the Convention with respect to the first three applicants; and held unanimously that there had been no violation of Articles 2, 3, 5, 6, 8, 13, 14 and 18 of the Convention with regard to Sariye Uvat. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58120.
On 24 July 1998, the Court ruled 15 votes to 4 that the Turkish Government was to pay £18,000 sterling to Azize Menteş, £26,000 sterling to Mahile Turhallı, and £24,000 sterling to Sulhiye Turhallı in pecuniary damages, plus £8,000 each to the three in non-pecuniary damages. This full judgment made under Article 50 of the Convention is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58206.
Materials pertaining to the case filed by four women, Azize Menteş, Mahile Turhallı, Sulhiye Turhallı, and Sariye Uvat, on 20 December 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 23186/94, late given case number 58/1996/677/867, referred to internally within the Kurdish Litigation Project as Cases 70 through 73 and assigned to Kevin Boyle as lead) regarding the destruction of their houses in the village of Sağgöze (Riz), Genç District, Bingöl Province on 25 June 1993. Supplementary materials pertaining to this case are located at A44/43/6/62.
The Commission ‘was satisfied that Sulhiye and Mahile Turhallı were still living in their houses in the lower neighbourhood of the village of Sağgöze in the summer of 1993 and were present on 25 June 1993. However, as appeared to be a not uncommon pattern of life in this region, these two applicants left the village in the winter for Diyarbakır and returned in the summer to tend to their gardens and crops. As regards Azize Menteş, while she probably did not own a house herself, she lived in the house of her father in-law when she returned in the summer months to the village. The Commission found that on the balance of the evidence, she was also living in the lower neighbourhood on 25 June 1993.
As regards the events in Sağgöze the Commission accepted in its principal elements the oral evidence of Azize Menteş, Mahile Turhallı and Sulhiye Turhallı. Considering that their oral evidence was more consistent, more credible and more convincing than the evidence given by the four villagers, it found as follows.
On the evening of 24 June 1993, a large force of gendarmes had arrived in the vicinity of Sağgöze village. On 25 June 1993, the gendarmes had entered both upper and lower neighbourhoods and carried out searches. At some point, the villagers in the upper neighbourhood (with the exception of the younger men who were out working) had been gathered in front of the school, probably to be questioned about the PKK (Kurdistan Workers’ Party) in the area. In the lower neighbourhood, the women, including the applicants, had been required by the soldiers to leave their houses and their houses had been set on fire, with all their belongings and property inside, including the clothing and footwear of children. The burning had been restricted to the lower neighbourhood. Around midday, a helicopter had arrived in the village in the upper neighbourhood, probably bringing a senior officer, a colonel, and his arrival had been associated by the applicants and some of the other villagers with an order to cease the burning. The gendarmes left that day. Shortly afterwards, the three applicants, with their children or other members of their family, had to walk for up to ten hours to the Lice-Diyarbakır road from where they were given rides in vehicles into Diyarbakır.
As to the alleged operation by security forces in which the house of the fourth applicant, Sariye Uvat, was burned along with others in the hamlet of Piroz, no facts have been established in relation to this applicant’s complaints. Due to ill-health she did not appear at the hearings before the Commission delegates, unlike the first three applicants.’
On 28 November 1997, the European Court of Human Rights dismissed by 15 votes to 6 the preliminary objection concerning the exhaustion of domestic remedies; held by 16 votes to 5 that there had been a violation of Articles 8 and 13 of the European Convention on Human Rights with respect to the first three applicants; held unanimously that there had been no violation of Articles 14 and 18 of the Convention with respect to the first three applicants; and held unanimously that there had been no violation of Articles 2, 3, 5, 6, 8, 13, 14 and 18 of the Convention with regard to Sariye Uvat. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58120.
On 24 July 1998, the Court ruled 15 votes to 4 that the Turkish Government was to pay £18,000 sterling to Azize Menteş, £26,000 sterling to Mahile Turhallı, and £24,000 sterling to Sulhiye Turhallı in pecuniary damages, plus £8,000 each to the three in non-pecuniary damages. This full judgment made under Article 50 of the Convention is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58206.
Set of index cards describing the local features of the townland of Cill Mhuirbhigh [Kilmurvy], beginning with the letter B.
An Bruinneán, Na Buailte Caola, Bóithrín an Gharraí Buí, Buaile Phaitse, Bord an Dúin, Bóithrín Pholl i bhFolach, Bóithrín Bhaile Pheadair, Buaile an Bhillán, Bualteachaí Bhailis/Mharlais, Boithrín Georgín, Boithrín Tommy Mairní Bhriain, Bóthar ó Dheas, Bóithrín an Chaisil, Bóithrín ó Thuaidh, Boithrín an Ghearraghoirt, The Buttery, Buaile na Ceártan, Buaile an Seanbhalla, Na Buailte Bána, Bóithrín an Mhuirbheach, Boithrín Tommy Mairín Ní Bhriain, Balla na Sáibhéireachta, An Bhrachlainn Mhór, Bóirthrín na gClocha Miona, An Bronnán, Barr na hAille, Buailte na Creige Móra, An Bhaile Ard, Boithrín an Bhaile Ard, Bóithrín an Gharraí Mhóir, Bóithrín an Charcair Bheag, Bóithrín Chreig an Fhearainn, Buaile an Ard Dorais, Bóithrín Ghort an Uisce, Buaile Bhródúil, Bóithrín Chreig Uí Fhlóinn, Buaile na Muc, Boithrín an Cóille, Bóithrín Leath-áit, Béal an Phoirt, Binn Pheadair and Creig Pheadair, Boithrín Muirbheach na Croise, Buaile Mhíl Seoigeach, An Bhuaile Dhomhain, Binn an Éisc, Boithrín an Bhuaile Domhain, Bóithrín an chnagaire, Bóthar Ghort na gCapall, Bóithrín na Scairbhe, Boithrít Bheal an Dúin, Bóithrín an Tuair, Bóithrín an Chiomach, Bóithrín an Ré Bhig, Bóithrín na Sligeanna, Bóithrín an Turlach, Bullán Mhaoil Odhair, Bóithrín Gort Bhealach Uisce, An Bothar Leathan/Ród an Chró, Boithrín Thoir Phort Chonla, Boithrín Gleann Bhinn an Tairbh, Bothar an Chéibh, Buaile na nUan, Boithrín Thiar Phort Álla, Buaile Ghaeil/Gaedhil, Bothar na gCipín, Buaile an Spíce (Oatquarter), Boithrín an Dúin Bhig, Boithrín na Muirbhigh, Tobairín Bhuaile na h-Irrimis, and Bóithrín Ghort an Uisce.
Overview list of the following features of the townland of Eoghanacht [Onaght], beginning with the letter B.
Buailter an Chnoic, Bóithrín an Tuair, Boithrín Creig na gCaorach, Bóithrín an tSrutháin, Buaile Eirig, Bóithrín Gort Kenny, Buaithe na Cruithneachta, Binn an Ghlais, Boithrín an Turlaigh, Boithrín an tSleibhe Mhóir, Bóthar ó Thaidh, Bóthar Nua, Bun Gabhla, Binn an Iarainn, Buaile an Chnoic, Bóithrín an Ghleannacháin, Binn on Turlaigh, Buaile na gCaptaen, Barr an Leath-chartúir, Binn an Iarainn, Binn an tSléibhe Mhóir, Buaile an Dúin, Bullán na Caillí, Boithrín Chorr Maoilín, Bóthar Chreagán na haithní, Bothar Chreig na Míle, Boithrín Charraig na mBroigheall, Boithrín Creig na gCríbíní, Boithrín Cheatrú an Turlaigh, and Bothar Chorr Maoillín.
Overview list of the following features of the townland of Cill Éinne [Killeany], beginning with the letter B.
Boithrín Chaird, Bóithrín an Teamhair, Bealach an tSrath, Boithrín an tSean Bhothair, Boithrín Gort na Saileach, Binse Ghibson, Boithrín Colm Mhike, Bád na Naomh, Bóthar an Screigín, An Banc, Barr an Phointe, Boithrín an Ghoirt Chaim, Boithrín an Choinleach, Bóthar an Chaib, An Bhean Bháite, Bóithrín an Choinicéir, Binse Ghibson, Binn an Charnáin, Bealach an Station, Baile an Domhnaigh, Barr na Coise, Binn an Phrúntaigh, 'The Boiler', Buaile na gCopóg, Binn an Loig, Bothar an Chroic, Bóithrín na gCottageachaí, Binn Aite, and Boithrín Poll na bPortán.
Overview list of the following features of the townland of Eochaill [Oghil], beginning with the letter B.
Bóthar na gCreag, Boithrín na Scriosa, Boithrín Thomaisín, Boithrín Gharraí Whilson (Whelseain), Boithrín Creig na Mullán/mBullán, Boithrín na tSéipéil, An Boithrín Iochtarach, Boithrín Bhaile na mBocht, Binn Bhuí, An Boithrín Fada, Buaile an Tobair, Boithrín an Tower, Boithrín Denny, Boithrín Thobar Eochla, Boithrín na bPóicíní, Boithrín an Fhoraois, Boithrín Sheáin Neidín, Boithrín na Creige Airde, Boithrín an Teampaill, and Na Tamhneachaí.
Johnny 'Toine' Póil of Baile na Creige, Seán Póil, Bríd Fitzpatrick, MK, and Eibhlín Faharta are credited as being local sources of information.
Overview list of the following features of the townland of Inis Meáin [Inishmaan], beginning with the letter B.
Bearna an Róid, An Blóghraidh/Bló Chroí, Róidín Ghoirt a Chéile, Róidín an cheartúir, Roidín a Mhuinín, Baile na Seoigeach, Bothar Cheann an Bhruith, Bothar na gCreaga Móra, Bóithrín Breaga Tuarla, Bóthar Móinín na Ruaige, Bothar an Leisín/Lisín, Baile an Lisín, "Buaile cluggan", Buailte Uí Loinneacháin, Bothar Chreig Phatch, Baile na Creige, Buailtín an tSagart, Buaile na Crosoige, Bun na Crua, Bothar na Reilige, Bothar an Chromaill, Bothar an Oileáin, Bothar na gCreag, An Balla Mór, Bothar Nua, Buaile na gCnoc, Bothar Bhaile an Teampaill, Bearna Gaoithe, An Balla Buí, Boithrín Thrácht Each, Béal an bPoll, Bothar Cinn an Bhaile, and Bun Trá na hUairí.
Seánín Ó'Conaola, Joseph Conneely, Colm Mór Ó'Fatharta, Seosamh Ó'Conghaile, T. de Blácam,and Dara Beag Ó'Flaharta are credited as being local sources of information.
Overview list of the following features of the townland of Inis Oírr [Inisheer], beginning with the letter B.
Bóthar an Mhóinéir, Bóthar an Chreig Mhóir, Bothar Béal an Chalaidh, Bothar Creig an Slait, Bothar an Bhaile Thios, Bothar Baile an Lurgain, Bothar Béal an Chalaidh, Bothar Cúl an Mhaca, Buaile Ghlas, An Bliubh, Boithrín na bPoll, Bothar an Chaisleáin, Baile an Chaisleáin, Bothar Thrá Chaorach, Baile Thuas, Boithrín na Síog, Béal an Chalaidh, Bullán an Chapaill, Buailte Doibe, Baile an Lurgain, and An Bothar Thoir. Micheál O Conghaile, Johnny O Donncha, Padraic Piol, and Bean Ní Chatháin are credited as being local sources of information.