Materials pertaining to the application filed by Beyaz Macir on 30 June 1995 against the Republic of Turkey with the European Commission of Human Rights (application number 28516/95, referred to internally within the Kurdish Litigation Project as Case 182 and assigned to Kevin Boyle as lead, later succeeded by Philip Leach and then by the Kurdish Human Rights Project itself) regarding the killing of her husband, Hacı Sait Macir, a former HEP (Halkın Emek Partisi-People’s Labour Party) and DEP (Demokrasi Partisi –Democracy Party) delegate, on 1 January 1995.
On 3 October 1994 the president of the provincial committee of HADEP, Rebih Çabuk and a member of the same committee, Sefer Cerf, were shot dead in front of the Güneydoğu café (their survivors also applied to the Commission; see A44/43/6/21). Sait Macir witnessed these killings and was taken to the police station to give a statement. He stated that on 3 October 1994, at 9 a.m., he saw Sefer Cerf collapse after he being shot. He did not see the identity of the two gunmen who immediately ran away. The applicant alleges that her husband was taken to the police station on the pretext of giving a statement. However, he was threatened by the police officers and was asked about his association and friendship with Rebih Çabuk and Sefer Cerf. The applicant also alleges that her husband was continuously subjected to harassment after this incident and that the police closed the Güneydoğu cafe for three days without giving any reasons.
On 5 October 1994, Ahmet Dizman, who was at the Güneydoğu cafe at the time Rebih Çabuk and Sefer Cerf were killed and took Rebih Çabuk to the hospital in his car, was abducted from the Erzurumlular cafe by plain-clothes policemen (Dizaman also applied to the Commission; see A44/43/6/29). He was taken to a deserted field where he was beaten. During this incident the police asked him if he knew Sait Macir. His abductors told Ahmet Dizman that they would kill Sait Macir. In a record of the investigation into the killing of Rebih Çabuk and Sefer Cerf dated 10 October 1994, Sait Macir appeared among the witnesses who had given statements to the police.
On 30 December 1994, Sait Macir was shot in front of the Güneydoğu cafe. He was taken to hospital, where he died on 1 January 1995. On 2 January 1995 the applicant was invited to the hospital to identify her husband’s body. At the hospital the applicant gave a statement to the Adana public prosecutor, Vahit Civelek. She stated that her husband had no enemies and that she did not know who could have killed him. The domestic investigation persisted with no developments over the following eight years. On 20 April 2000, Kevin Boyle and Françoise Hampson withdrew as legal representatives in the case.
On 30 January 2003, the European Court of Human Rights was notified that Beyaz Macir has accepted an ex gratia payment of €70,000. On 22 April 2003, the case was struck for the Court’s list. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-61048.
