Ahmet Er
person- Image

- Sex
- Male
- Civil status
- Married
- Occupation
- Peasant
- Dependants
- 8
- Event description
Per ECHR ruling delivered on 31st July 2012, 44-year-old Ahmet Er lived in the Marufan (Kurudere) village of Hakkâri’s Çukurca district. On 14th July 1995 during a clash between the PKK and the Turkish Security Forces, the soldiers ordered the evacuation of the village. His son was in the field, so Ahmet Er tried to rush there to protect him but was stopped by the soldiers and smacked. Then, he was taken to the Işıklı Gendarmerie Station by the soldiers. The village was evacuated, but his uncle stayed in the village to wait for his return.
The same evening Ahmet Er was brought back to the village in a miserable condition. The soldiers returned to the village, and took Ahmet and his uncle Hacı Mehrap to the Gendarmerie station. Both Ahmet and Hacı Mehrap were severely beaten and tortured in the station. The next morning, Hacı Mehrap was released and it was the last time he saw his nephew. Ahmet was unconscious and being dragged on the floor by the soldiers.
On 14th July, the day Ahmet was taken by soldiers, Ahmet’s brother informed the Çukurca Public Prosecutor of the incident, stating that the family was worried for Ahmet's life. A report prepared on 16th July 1995 indicated that the Prosecutor had talked over the phone with the Major C.Y. of the Çukurca Commando Headquarters who was the commanding officer of the operation. According to the report, Major had told the Public Prosecutor that Ahmet had been taken on 14th of July to provide assistance to the officers and released after two days.
On 18th July, Ali made separate submissions to the offices of the Çukurca Governor and the Çukurca Public Prosecutor. He stated that, contrary to the information provided to him by the public prosecutor, his brother Ali had not been released on 16th July. On 18th July, the Prosecutor started an investigation and asked the Çukurca gendarmerie and commando headquarters to provide information about Ahmet’s whereabouts, reminding them that if Ahmet was in their custody, they needed official permission from his office to keep Ahmet in detention.
The investigation lasted for years without any significant result. Lastly, on 15th December 2005 the Public Prosecutor's office prepared a report which alleged that Er had been taken by soldiers on 14th July and then released on 16th July. The report also claimed that Ahmet had joined the PKK after his release. On 5th January 2006 a Public Prosecutor of Van issued a search and warrant order for Ahmet for the offense of membership of an illegal organization.
After the exhaustion of domestic remedies, on 16th May 2004, the family applied to the European Court of Human Rights. On 31st July 2012, the Court decided that article 2 of the European Convention of Human Rights had been violated in substance and in procedure. In addition, the Court held that there had been a violation of articles 3, 5 and 15 and asked the government to pay for pecuniary and non-pecuniary damages.
- Geolocation
Latitude: 37.2937089
Longitude: 43.6711887
- Geolocation
- City
- Hakkari
- District
- Çukurca
- Date of disappearance
- Jul 14, 1995
- Year of disappearance
- 1995
- Age at the time of disappearance
- Yaş:44
- Status of the victim
- Still missing
- Type of source material
- ECHR decision
- Printed or online news
- Decision by the prosecution office
- Decision of non-prosecution due to statute of limitations
- Verdict of ECHR
- Violation of the right(s)
- Articles violated according to ECHR verdict
- Article 13: Right to an effective remedy
- Article 2: Procedural violation of the right to life
- Article 2: Substantive violation of the right to life
- Article 3: Prohibition of torture in respect of the applicant
- Article 5: Right to liberty and security
- Summary of the legal proceedings
Per ECHR’s ruling delivered on 31st July 2012, Ahmet Er was detained in July 1995 by the gendarmerie, who was trying to evacuate his village following a clash with the PKK in the vicinity. After his disappearance an investigation was launched by the Çukurca Chief Public Prosecutor’s Office. In the following years, the military maintained that he had been released after only two days in custody. In 2005, a new report by the prosecutor’s office alleged that he had probably joined the PKK after release from custody.
On 5th January 2006 a Public Prosecutor of Van issued a search and warrant order for Ahmet for membership of an illegal organization.
After the exhaustion of domestic remedies, on 16th May 2004, the family applied to the European Court of Human Rights. On 31st July 2012, the Court decided that article 2 of the European Convention of Human Rights had been violated in substance and in procedure. In addition, the court held that there had been a violation of articles 3, 5 and 15 and asked the government to pay for pecuniary and non-pecuniary damages.