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Material relating to legal query from Sally Shiels on behalf of Dublin City South Branch of INTO [Irish National Teachers' Organisation]. Mary Robinson (MR) asked to advise on the compatibility with the rules and constitution of the INTO of a proposed motion for congress which sought to establish a fund intended to benefit certain teachers who retired in 1980. The Annual Congress in front of which the motion was intended to be presented was to take place in April 1985, and advice was sought prior to this. MR's opinion was that there was nothing in the motion that would be out of order and could be presented to Congress, and it was then up to Congress to vote as they saw fit.

File consists of correspondence including between MR and Colm MacGeehin, solicitor for Sally Shiels, 19-28/03/1985) and photocopy of letter from Carol Fawsitt of Binchy, Fagan, Fawsitt solicitors to Gerry Quigley, General Secretary, INTO, relating to proposed Motion on Retirals Fund (08/02/1985); background material including photocopy of proposed motion, photocopy of other motions proposed and seconded at previous congresses, extract relating to INTO's Services and Benefits, Retired Teachers Association newsletter, October/November 1984, extract of INTO 116th Annual congress, 23-27/04/1984 report, Agenda of INTO AGM 28/01/1985 with list of motions for congress; case notes and a signed legal opinion from Mary, 19/03/1985.

Supplementary materials pertaining to the case filed by Salih Tekin, a journalist for the newspaper Özgür Gündem, on 14 July 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 22496/93, later given European Court of Human Rights case number 52/1997/836/1042, referred to internally within the Kurdish Litigation Project as Case 6 and assigned to Kevin Boyle as lead) regarding his arrest and detention by gendarmerie in February 1993. Materials from the main casefile are located at A44/43/1/56.
Materials in the file include: 1) the statement and personal information of Salih Tekin used to complete his application; 2) a draft of the text of the application with annotations and corrections; 3) documents annotated and/or used as notes by Kevin Boyle (including his personal notes on foolscap and an annotated copy of Tekin’s supplementary statement to the Kurdistan Human Rights Project); 4) a compilation of Amnesty International articles published during 1993 documenting human rights abuses against ethnic Kurds in Turkey; 5) supplementary information Tekin compiled by the KHRP sent July 1994; 6) detailed typed cases notes sent 29 March 1996 from Boyle to Aisling Reidy; 7) statements (in Turkish with English translation) made by the applicant and his brother during 1995 and 1996 to Turkish officials and to the KHRP; 8) case comments from Boyle written during the preparation of memorial to be submitted to the European Court of Human Rights, March 1998; 9) published copies of the case judgment, 9 June 1998, in English and French.

Materials pertaining to the case filed by Salih Tekin, a journalist for the newspaper Özgür Gündem, on 14 July 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 22496/93, later given European Court of Human Rights case number 52/1997/836/1042, referred to internally within the Kurdish Litigation Project as Case 6 and assigned to Kevin Boyle as lead) regarding his arrest and detention by gendarmerie in February 1993. Supplementary materials pertaining to this case are located at A44/43/6/86.
It was not disputed that in February 1993, during a visit to his family in the hamlet of Yassıtepe, the applicant was arrested, on suspicion of threatening village guards, by gendarmes under the command of Officer Harun Altın and taken to Derinsu gendarmerie headquarters. Tekin alleged that his arrest took place on the morning of 15 February 1993, whereas the Government claimed that it occurred on 17 February 1993. Tekin was held at Derinsu until 19 February 1993. He alleged that during his time in custody there he was detained in a cell without any lighting, bed or blankets, in sub-zero temperatures, and fed with only bread and water. He claimed to have been assaulted in his cell by gendarmes, including Officer Altın. He stated that he would have died of cold had his three brothers not been permitted to enter his cell on the night of 18 February and wrapped him in extra clothing. The Government denied that Tekin had been ill-treated. They stated that it would have been impossible for the temperature in the security room to have dropped below freezing-point, since it was situated in the centre of the building and surrounded by other units heated by coal-burning stoves. They also denied that his brothers had been allowed to join him there. On the morning of 19 February 1993, Tekin was taken to Derik district gendarmerie headquarters. He was released on the same day. Tekin alleged to have been tortured at Derik, through the application of cold water, electric shocks and beatings, with the purpose of forcing him to sign a confession statement. He claimed that the district gendarmerie commander, Musa Çitil, threatened him with death if he returned to the area, Tekin contended that the threats he experienced as well as the severity of his treatment, especially at Derinsu, were motivated in part by his employment as a journalist for the newspaper Özgür Gündem, which, because of its Kurdish separatist stance, was considered hostile by those who abused him. He stated that on his arrest and at Derinsu gendarme station he was questioned by officer Altın about his work as a journalist and was threatened with death because of it. The Government contested that any ill-treatment had taken place.
On 8 June 1998, the European Court of Human Rights ruled: that there had been no violations of Articles 2, 10, 14, or 18 of the European Convention on Human Rights (unanimous); that there had been a violation of Article 3 (6 votes to 3); and that there had been a violation of Article 13 (8 votes to 1. The Turkish Government was ordered to pay Salih Tekin £10,000 sterling in non-pecuniary damages and £15,000 sterling in legal fees and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-58196.

Materials pertaining to the case filed by Salih Orhan against the Republic of Turkey with the European Commission of Human Rights (application number 25656/94, referred to internally within the Kurdish Litigation Project as Case 168 and assigned to Tim Otty as lead) regarding the alleged burning and evacuation of Deveboyu hamlet, Çağlayan village, Kulp District, Diyarbakır Province and the apprehension and killing of his two brothers and his son during May 1994 by state security forces. On 18 June 2002, the European Court of Human Rights ruled that multiple violations of the European Convention on Human Rights had occurred. The Turkish Government were ordered to pay the Orhan family £90,000 sterling in damages and legal costs. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-60509.
Materials in the file include: the application of 24 November 1994, including the statement of the applicant and copies of petitions to state authorities; the 20 June 1995 applicant’s reply to the observations of the Turkish Government; the post of 2 June 1997 authorising Tim Otty to act as legal representative in the case and enclosing the applicant’s further submissions, including a copy of the Kurdish Human Rights Project’s November 1996 report on disappearances in Turkey.

Observations on the merits of the Salih Çetin application against Turkey submitted by the applicant to the European Commission of Human Rights. The observations submit that the applicant has attempted to exhaust domestic remedies by submitting multiple petitions to multiple agencies but as yet has received little response and no assistance from the Government. The observations also discuss the targeting of ethnic Kurdish villages by the Government and the sanctioning of the destructions of entire villages by the military as a result.

Copies (in Turkish with English translations) of all petitions filed by Salih Çetin to domestic authorities in Turkey pertaining to the destruction of his house and property on 4 March 1993.

Casefile (in Turkish with English translations) of the Diyarbakır Gendarmerie Command investigation into the destruction of Salih Çetin's property, submitted by the Turkish Government on 3 November 1995 in advance of the hearings in the case on 6-10 November 1995. The enclosing letter to the European Commission of Human Rights from İsmet Birsel, Ambassador of Turkey to the Council of Europe, notes that the domestic investigation into the case has now been transferred to the Kulp District Gendarmerie Command Headquarters.

Materials pertaining to the case filed by Salih Çetin on 25 August 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 22677/93, referred to internally within the Kurdish Litigation Project as Case 56 and assigned to Kevin Boyle as lead), regarding the destruction of his house which occurred during the burning of the hamlet of Derecik, Çağlayan village, Kulp District, Diyarbakır Province on 4 March 1993.
The mayor of Çağlayan had been instructed by a Gendarme First Sergeant as early as the autumn of 1992 to evacuate the village. When the mayor refused, the sergeant instructed him to evacuate the village within two weeks or else it would be destroyed. Soon thereafter, a nearby hamlet was bombed. The inhabitants of Derecik became frightened that their hamlet would soon be bombed and fled; Çetin and his family were among these inhabitants and fled in February 1993. After vacating the hamlet for just over a week, Çetin returned on 4 March 1993 to find his house, grocery store, and beehives destroyed among a total of 28 houses which had been burned that day. Çetin learned from eyewitnesses that security forces had burned the houses. Çetin was forced to leave Derecik and move to Diyarbakır. According to the Turkish Government, the PKK (Kurdistan Workers’ Party) received moral and material support from inhabitants of Derecik. The Government admitted that security operations took place in Derecik on 4 March 1993 but denied any use of fire. The Government claimed that the residents set fire to their own ‘old and useless’ houses in order to receive compensation and undermine the position of the security forces.
Despite numerous requests from the Commission, the Government failed to submit the investigation file of the public prosecutors. The Commission also found that it was not likely for Çetin to have set fire to his own home as he had fled to a neighbouring hamlet before the fires of 4 March 1993 took place. On 15 October 1996, the Commission adopted a report declaring the application admissible, and the case was subsequently referred to the Committee of Ministers of the Council of Europe. On 26 November 1996, the Committee declared that a violation of Article 6 of the European Convention on Human Rights (no access to a tribunal to claim civil rights) had occurred. No reports or judgments in this case were made public.

Two advertisements for the sale of the rentals of Hollybrook, Co. Dublin containing 11 acres and held on a long lease from John and James Barlow to Archibald Richardson and late leased to Christopher Ormsby. Tenants names are Joseph Lamprey, Alexander Murray, Mr. Slack, George Symes, Henry Farange, James Symes, Dr. Collins and J. Smith, not all names appear on each one. Their yearly rent is also given and particulars were at the offices of Labertouche and Stafford, 25 College Green and Messrs Mills and Echlin, 12 Gloucester St., printed.