| I. FOREWORD
1. This report comprises the findings of an international Fact Finding Mission, which on 21st December 2004, observed a part of the trial of three security officers1. It is alleged that the security officers are responsible for the extrajudicial execution of Şiyar Perinçek on 28th May 2004 and the torture of Nurettin Basçı2 The mission included representatives from the Kurdish Human Rights Project, the Bar Human Rights Committee3 and an independent Swedish organisation, ‘Lawyers without Borders’4.
2. In preparation of its report, the mission also spoke to the team of advocates representing Şiyar Perinçek and Nurettin Başçı and to members of the Adana branch of the İHD5. Full details of those spoken to are detailed at paragraphs 40 and 52 of the report.
3. In particular, the mission sought to examine the real impact of legal reforms introduced to protect human rights in Turkey. The report is to be read in light of the decision of the European Council to open negotiations on 3rd October 2005 for Turkey’s accession to the European Union.
II. Introduction
4. On 28th May 2004 at around 3pm, Şiyar Perinçek was shot dead by a security officer outside the office of the Adana branch of the İHD. Mehmet Nurettin Basçı whom he was with, was arrested by the police and is currently being held on remand in Adana Kürkçüler F type prison. Nurettin Başçı has accused the police of subjecting him to torture during his detention. It is believed that the killing of Şiyar Perinçek amounted to an extrajudicial execution (this is a
subject which is examined in more detail at paragraph 60 of this report).
III Account of the Victims’ Case
5. Nurettin Başçı was driving a motorbike with Şiyar Perinçek as passenger in Adana, when an unmarked police car drove after them. In the car were three police officers dressed in civilian clothes; the chief of police, a superintendent and another officer. As the car approached the motorbike, the police officers opened the car doors and hit the motorbike. This caused Nurettin Başçı and Şiyar Perinçek to fall to the ground.
6. Two witnesses who were members of the Adana İHD and who were in the İHD office at the time, went to the window after hearing a gunshot. Nurettin Başçı was seen to run away, but it is believed that Şiyar Perinçek was shot and was lying on the ground. The police caught Nurettin Başçı, arrested him and put him into the police car. He was then driven away. One of the police officers was seen to kneel on Şiyar Perinçek’s shoulders/back. According to an Amnesty International press release, the same police officer shot Şiyar Perinçek in his back6 .
7. One witness was sure that although wounded, Şiyar Perinçek was still alive at this point, because he could see his hands moving. Şiyar Perinçek also held back his head and so the witness could see and identify him. It is believed that there were 3 shots in total; 1 shot was fired at Şiyar Perinçek and the other 2 shots were fired as a warning, when Nurettin Başçı ran away.
8. Şiyar Perinçek was taken to Adana state hospital 20 minutes later. The same Amnesty International press release alleges that Şiyar Perinçek was taken out of the hospital despite his serious condition in order to identify the houses of assumed associates and then returned to hospital. As a result, three other men were detained7 at the Anti-Terror Branch of the Police Headquarters in Adana.
9. It is alleged that the police prevented people from seeing Şiyar Perinçek when he was in hospital Şiyar Perinçek underwent surgery but died 2 days later. The hospital did not have an intensive care unit. It is believed that the lack of the same may have contributed to his death.
10. It is alleged that Nurettin Başçı was detained unofficially at the anti-terrorist …
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