Sub-sub-series 19 - Nejdet Buldan 

2 files

Materials pertaining to the case filed by Nejdet Buldan on 2 December 1994 against the Republic of Turkey with the European Commission of Human Rights (application number 28298/95, referred to internally within the Kurdish Litigation Project as Case 152 and assigned to Sheldon Leader as lead) regarding the alleged kidnapping and murder of his brother, Savaş Buldan, by undercover Turkish authorities and the subsequent alleged failure to carry out an effective and adequate investigation into his brother’s death. Supplementary materials pertaining to this case are located at A44/43/6/19.
On 3 June 1994, around 4:30 a.m., Savaş Buldan and his friends were abducted outside the Çınar Hotel in Istanbul by men claiming to be police officers. The applicant, Savaş's brother, learned of the incident shortly after and began searching, guided by family and friends, focusing on the Istanbul-Ankara motorway and nearby Yedigöller National Park, where witnesses reported seeing vehicles matching those used during the kidnapping. Despite alerts to various authorities, initial inquiries found no custody records for the victims. On the same day, Savaş's brother filed a formal complaint, but no statements were taken by police. Later, at approximately 9 p.m., three bodies were found near Yığılca, about 270 km from the abduction site, with signs indicating they were shot execution-style. The applicant identified the bodies at Düzce State Hospital the following day. Investigations by the Bakırköy public prosecutor included witness statements describing the abduction, revealing involvement of armed men in unmarked vehicles. A continuous search warrant was issued, but investigation progress faced setbacks, further complicated after the Susurluk incident in 1996, raising questions about potential links to organized crime.
On 7 February 1997, Hanefi Avcı, then Head of Istanbul Police Intelligence, testified about the Susurluk incident, attributing the murders of Savaş Buldan, Adnan Yıldırım, and Hacı Karay to an illicit group. He noted his inability to provide evidence but hinted that further investigation might yield documentation. He revealed concerns from the Gendarmerie JİTEM and National Intelligence Service (MIT) regarding financial support to the PKK by some Kurds, leading to the formation of a special team for alternative methods against them. This included the kidnapping and murder of Savaş Buldan and associates. Subsequent interrogations revealed witnesses could not identify detained officers as the abductors, and photo-fits showed no positive matches. Yaşar Öz, a civilian member of this special team, denied any involvement or knowledge of the kidnappers but was later arrested as a suspect. On 14 May 1998, the Yığılca Criminal Court rejected Öz's appeal against his arrest for the kidnapping and murder of the applicant's brother and two others. Witnesses testified that Öz was not involved in the kidnapping. A public prosecutor later transferred the investigation to the Ankara State Security Court, which found insufficient evidence for jurisdiction. The Düzce public prosecutor subsequently indicted Öz for murder based on new evidence, noting his past as an international drug trafficker linked to organized crime. However, the Düzce Assize Court, considering ongoing prosecutions for similar murders in the area, cited jurisdiction issues and returned the case to the Ankara State Security Court, which also declined jurisdiction. The Court of Cassation confirmed the Düzce Assize Court's jurisdiction. Throughout the hearings, 19 witnesses did not identify Öz. Ultimately, on 18 November 1999, the Düzce Assize Court acquitted him due to lack of evidence, returning the case to the Yığılca prosecutor.
On 20 April 2004, the European Court of Human Rights unanimously ruled that there had been a violation of Article 2 of the European Convention on Human Rights with regard to the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of the applicant's brother, but not with regards to the applicant's allegation that his brother was killed in circumstances engaging the responsibility of agents of the respondent State, or with regards to the applicant himself. The Court also ruled that a violation of Article 13 had occurred, but not of Articles 13 or 14. The widow and two children of Savaş Buldan were awarded €10,000 in non-pecuniary damages, and Nejdet Buldan was awarded €6,000 in pecuniary damages and €10,000 in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-61711