Materials pertaining to the application that was to be filed on 20 December 1995 by Sultan Dölek against the Republic of Turkey with the European Commission of Human Rights (application number 39541/98, referred to internally within the Kurdish Litigation Project as Case 225) regarding the murder of her husband, Mustafa Hacı Dölek, by members of the Turkish military at their home on 24 June 1995.
According to the applicant, at around 5:00 or 6:00 a.m., three members of the Special Intervention Force rang their doorbell while the whole family was asleep. She opened the door, and the officers said they were going to conduct a search and asked her to call her husband. He arrived at the entrance, and the officers entered the hall. As the applicant stepped away, at least two shots were fired. The applicant saw her husband on the floor, shot in the chest and leg; he died instantly. The officers left the house and called the applicant outside, then beat her. They threatened to kill her and her children, who had woken up in the meantime, if she filed a complaint. They then carried the deceased's body to their vehicle, telling the applicant that her husband was not dead and that they were taking him to the Kahramanmaraş Civil Hospital.
According to the Government, following reports that seven armed individuals had been seen in the village, law enforcement conducted an operation. They searched several homes in the village, including that of the applicant. After she opened the door and as the officers began the search, Mustafa Hacı Dölek attempted to seize the service weapon of Officer SA. During the ensuing struggle, the weapon discharged and injured him. The officers transported him to the hospital, but he succumbed to his injuries before arriving.
No application form was ultimately submitted under the purview of the Kurdish Litigation Project. On 4 April 1997, Kevin Boyle and Françoise Hampson withdrew as legal representatives in the case. On 2 September 2007, the European Court of Human Rights ruled that there had been no violations of the European Convention on Human Rights. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-82517
Materials in the file include a statement and letter of legal authorisation from the applicant, Boyle and Hampson’s notice to the Commission that an application is forthcoming, and Boyle and Hampson’s notice of withdrawal from the case. Correspondence from the Commission is closed to access until 1 November 2073.
Contact sheet and corresponding negative sheet containing 23 images.
Indexed Sullane Reticulation. Images of a tree, and flowing water. Billy Keady at a grand piano, someone nearby with a double bass. Photographs of a camera crew setting up.
Statement (in Turkish with English translation) of Şükrü Kaplan, resident of Oyuklu village, Lice District, Diyarbakır Province, whose son Halil disappeared while in the custody of gendarmes on 19 May 1993. The file (referred to internally with the Kurdish Litigation Project as Case 66) has been labelled as 'not to be submitted'. (3 copies)
Applicant's final pleadings on the merits of the application in the Şükran Aydın case. The observations note the harassment and detention endured by Şükran Aydın, her husband Abit (or Abid/Abidin) Aydın, and other family members and neighbours since word was received by the Turkish Government of Şükran's application to the European Commission of Human Rights. The pleadings detail the difficulties faced by the couple as they attempted to leave for the case hearing in Strasbourg, and states that the couple's house has been raided twice since returning from Strasbourg (events which had been noted by the Commission and resulted in a 8 December 1995 warning to Turkish authorities) and that Abid Aydın had been taken into custody twice during December 1995 and severely beaten. The pleadings also make note that the testimony of the doctors given at the hearing heavily implies that unwilling sexual intercourse had occurred during the timeframe stated by the applicant. The pleadings are enclosed by a letter from Françoise Hampson to H.C. Krüger, Secretary to the European Commission of Human Rights.
Supplementary materials pertaining to the case filed by Şükran Aydın against the Republic of Turkey with the European Commission of Human Rights (application number 23178/94, later given case number 57/1996/676/866, referred to internally within the Kurdish Litigation Project as Case 74 and assigned to Françoise Hampson as lead) regarding her arrest, torture, and rape by members of the Turkish security forces between 29 June and 2 July 1993. Materials from the main casefile are located at A44/43/14.
At the time of the events, Aydın was 17 years old and living with her family in Taşıt, Derik District, Mardin Province. According to Aydın, she was arrested in the village in the early hours of 29 June 1993 alongside her father, Seydo Aydın, and her sister-in-law, Farahdiba Akşın. The three were taken by village guards and gendarmes to the Derik gendarmerie headquarters. There, the applicant was blindfolded, beaten, stripped naked, placed in a tyre, and hosed with pressurised water. She was then taken to another room where she was raped by a member of the security forces. She and the other members of her family were released after three days, on or about 2 July 1993. On 8 July 1993, the three family members filed a complaint about their treatment with the Derik Public Prosecutor’s Office, and Şükran Aydın underwent three medical examinations in July and August 1993. The Government of Turkey denied that Aydın and her family members were ever taken into custody, called her allegations unsubstantiated, but nevertheless opened an investigation which later reported that there was no evidence to support the applicant’s complaints.
On 25 September 1997, the European Court of Human Rights dismissed the Government’s objections regarding the exhaustion of domestic remedies (18 votes to 3) and abuse of process (unanimously). The Court held that Şükran Aydın had been subjected to torture through being raped and otherwise ill-treated contrary to Article 3 of the European Convention on Human Rights (14 votes to 7); that she had noted been afforded an effective remedy in respect to her complaint contrary to Article 13 (16 votes to 5); that no violation of Article 25 § 1 had been established (unanimously); and that it was not necessary to consider the remainder of the complaints. The Court held 18 votes to 3 that Turkey should pay the applicant £25,000 sterling in non-pecuniary damages, and 16 votes to 5 that Turkey should pay Şükran Aydın’s United Kingdom-based legal representatives £34,360 sterling less 19,145 French francs, and her Turkish representatives £3,000 sterling. The full judgment is available for viewing at https://hudoc.echr.coe.int/fre?i=001-58371
Materials pertaining to the case filed by Şükran Aydın against the Republic of Turkey with the European Commission of Human Rights (application number 23178/94, later given case number 57/1996/676/866, referred to internally within the Kurdish Litigation Project as Case 74 and assigned to Françoise Hampson as lead) regarding her arrest, torture, and rape by members of the Turkish security forces between 29 June and 2 July 1993.
At the time of the events, Aydın was 17 years old and living with her family in Taşıt, Derik District, Mardin Province. According to Aydın, she was arrested in the village in the early hours of 29 June 1993 alongside her father, Seydo Aydın, and her sister-in-law, Farahdiba Akşın. The three were taken by village guards and gendarmes to the Derik gendarmerie headquarters. There, the applicant was blindfolded, beaten, stripped naked, placed in a tyre, and hosed with pressurised water. She was then taken to another room where she was raped by a member of the security forces. She and the other members of her family were released after three days, on or about 2 July 1993. On 8 July 1993, the three family members filed a complaint about their treatment with the Derik Public Prosecutor’s Office, and Şükran Aydın underwent three medical examinations in July and August 1993. The Government of Turkey denied that Aydın and her family members were ever taken into custody, called her allegations unsubstantiated, but nevertheless opened an investigation which later reported that there was no evidence to support the applicant’s complaints.
On 25 September 1997, the European Court of Human Rights dismissed the Government’s objections regarding the exhaustion of domestic remedies (18 votes to 3) and abuse of process (unanimously). The Court held that Şükran Aydın had been subjected to torture through being raped and otherwise ill-treated contrary to Article 3 of the European Convention on Human Rights (14 votes to 7); that she had noted been afforded an effective remedy in respect to her complaint contrary to Article 13 (16 votes to 5); that no violation of Article 25 § 1 had been established (unanimously); and that it was not necessary to consider the remainder of the complaints. The Court held 18 votes to 3 that Turkey should pay the applicant £25,000 sterling in non-pecuniary damages, and 16 votes to 5 that Turkey should pay Şükran Aydın’s United Kingdom-based legal representatives £34,360 sterling less 19,145 French francs, and her Turkish representatives £3,000 sterling. The full judgment is available for viewing at https://hudoc.echr.coe.int/fre?i=001-58371.
Additional materials pertaining to this case are located at A44/43/6/11.
Old leather suitcase, initialled G.C.O'B. in which all material relating to this series was stored.
Tag / Ref: G60/25/5
"Handwritten draft of song entitled ""Suisocín Bán"", from Mrs Hackett."
"Handwritten draft of song beginning ""Suil doill anois fá chríoch""."
"Handwritten rough draft of song beginning ""Suid é siar an bother é"" from Thomas Ridge, Connamara."