CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 31 mars 2005

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margin-bottom:6pt; text-indent:14.2pt; page-break-inside:avoid; page-break-after:avoid } .s7C726D90 { margin-top:12pt; margin-left:31.75pt; margin-bottom:18pt; font-size:10pt } .s7C226662 { margin-top:12pt; margin-left:31.75pt; margin-bottom:18pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s7BE8DCEA { margin-top:12pt; margin-left:31.75pt; margin-bottom:6pt; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }     FIRST SECTION [1]     CASE OF ADALI v. TURKEY     (Application no. 38187/97)     JUDGMENT     STRASBOURG     31 March 2005       FINAL     12/10/2005       This judgment will become final in the circumstances set out in Article   44   §   2 of the Convention. It may be subject to editorial revision. In the case of Adalı v. Turkey, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Mr   C.L. Rozakis , President ,   Mr   P. Lorenzen ,   Mr   R. Türmen ,   Mrs   F. Tulkens ,   Mrs   N. Vajić ,   Mrs   S. Botoucharova ,   Mr   A. Kovler, judges , and Mr S. Nielsen , Section Registrar , Having deliberated in private on 31 January 2002 and on 10 March 2005, Delivers the following judgment, which was adopted on the last ‑ mentioned date: PROCEDURE 1.     The case originated in an application (no. 38187/97) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the   Convention”) by a Turkish national living in the “Turkish Republic of Northern Cyprus” (“TRNC”), Ms İlkay Adalı (“the applicant”), on 12   September 1997. 2.     The applicant, who had been granted legal aid, was represented by Lord Lester of Herne Hill, QC, assisted by Ms Monica Carss-Frisk, QC, and Mr   Stephen Grosz, counsel from Bindman & Partners, a law office in London. The Turkish Government (“the Government”) were represented by their Agent, Professor Zaim Necatigil, and their co-Agents, Ms   Deniz   Akçay and Mr Münci Özmen, assisted by Ms   Deniz   Şulen   Karabacak, Mr Ergin Ulanay, Ms Alev Günyaktı and Mr   Ali Rıza Güder, counsel. 3.     The applicant alleged, in particular, that her husband had been killed by the Turkish and/or “TRNC” authorities and that the national authorities had failed to carry out an adequate investigation into his death. She further contended that, following the death of her husband, she had been subjected to continuing practices of harassment, intimidation and discrimination by the “TRNC” authorities. The applicant invoked Articles 2, 3, 6, 8, 10, 11, 13, 14 and 34 of the Convention. 4.     The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 5.     The application was allocated to the First Section of the Court (Rule   52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. 6.     On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed First   Section (Rule 52 § 1). 7.     A hearing took place in public in the Human Rights Building, Strasbourg, on 31 January 2002 (Rule 54 § 3).   There appeared before the Court:   (a)     for the Government   Professor Z. Necatigil,   Agent, Ms   D. Akçay,   Co-Agent, Ms   S. Karabacak,   Counsel, Mr   E. Ulanay,   Adviser, Ms A. Günyakti, Mr A.R. Güder,   Counsel; (b)     for the applicant   Lord Lester of Herne Hill, QC , Ms   M. Carss-Frisk, QC, Mr   S. Grosz ,   Counsel.   8.     The Court heard addresses by Professor Necatigil and Mr Ulanay, for the Government, and Lord Lester, for the applicant. 9.     By a decision of 31 January 2002, following the hearing, the Court declared the application admissible. 10.     The Court, having regard to the factual dispute between the parties over the circumstances surrounding the killing of the applicant's husband and the alleged harassment, intimidation and discrimination policies pursued by the “TRNC” authorities against the applicant, conducted an investigation pursuant to Article 38 § 1 (a) of the Convention. The Court appointed four Delegates to take evidence from witnesses at hearings conducted in Strasbourg, on 8 October 2002, and in Nicosia (Lefkoşa) between 23 and 24 June 2003. 11.     The applicant and the Government each filed observations on the merits (Rule 59 § 1). In addition, third-party comments were received from the Cypriot Government, who had been given leave by the President to intervene in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 2). The respondent Government replied to those comments (Rule   44 § 5). On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case remained assigned to the First Section as composed on 1 November 2001. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 12.     The applicant was born in 1944 and lives in Lefkoşa, in the northern Cyprus, “Turkish Republic of Northern Cyprus” (“TRNC”). 13.     The application concerns the killing of the applicant's husband, Mr   Kutlu Adalı, by unknown persons. The applicant made serious allegations about the involvement of Turkish and/or “TRNC” agents in the murder. She further complained of the inadequacy of the investigation launched by the “TRNC” authorities into the death of Kutlu Adalı. She contended that her husband had received death threats on several occasions because of his articles and political opinions. The applicant further complained that following the death of her husband she had been subjected to continuing practices of harassment, intimidation and discrimination by the “TRNC” authorities. In this connection, she referred to several incidents. 14.     The Government denied all allegations concerning the murder of Kutlu Adalı. They maintained that the “TRNC” authorities had immediately commenced an investigation into his death, and had conducted a thorough investigation. However, the perpetrators of the crime had not yet been identified. The Government also rejected the applicant's allegations of harassment and submitted that these submissions were of mere speculation. A.     The facts 15.     The facts surrounding the killing of the applicant's husband and the alleged practices of harassment, intimidation and discrimination by the “TRNC” authorities are disputed between the parties. 16.     The facts as submitted by the applicant are set out in Section 1 below. The facts as submitted by the Government are contained in Section   2. 17.     A summary of the documents submitted by the parties is to be found in the Annex. The witness evidence taken by the Court's Delegates at hearings counducted in Strasbourg and Nicosia is summarised in Part B. 1.     Facts as submitted by the applicant 18.     The applicant's husband, Mr Kutlu Adalı, was a Turkish Cypriot writer and journalist who was known for having written and published articles strongly criticising the policies and practices of the Turkish Government and the authorities of the “TRNC”. He had always claimed that Cyprus should not be divided and that Turkish and Greek Cypriots should live in a united republic based on a pluralist democratic system. 19.     Apart from his writing and journalism, Mr Kutlu Adalı had also held various civil service posts in the past. Between 1961 and 1972 he was employed as the private secretary to Mr Rauf Denktaş, who later became the President of the “TRNC”. In 1972 Mr Adalı's salary was suspended because he had wished to write an article about policies of Mr Denktaş with which he disagreed. 20.     At that time, Mr Denktaş wanted the applicant's husband, Kutlu Adalı, to work for a radio station called Bayrak (Flag), which was under the control of the Turkish Resistance Movement. Mr Kutlu Adalı refused to work for this radio station and was imprisoned without any charge or trial for one week because of his refusal. After his release, he started to work for the Bayrak radio station in order for his salary to be restored. 21.     In 1974 Mr Adalı was appointed to the post of Head of the Identity Cards Section of the Department for the Registration of the Population. In December 1979 he was suspended, and was reinstated in 1986, when he was given the post of adviser in the Tourist Office of the “TRNC”. His career as a civil servant ended in 1987, when he was compelled to take early retirement at the age of 50. 22.     During his public service and after his retirement Mr Kutlu Adalı continued his career as a writer and journalist. Initially, he wrote under a pseudonym (Kerem Atlı), because it was dangerous for him to express his political views about a unified Cyprus using his real name. In 1981 he started using his real name. For the last seven years before his death he wrote regularly for Yenidüzen , a left-wing newspaper. 23.     The applicant and her husband received various threats intended to deter him from continuing to express his opinions. Between January 1980 and July 1996 unknown persons subjected the applicant's husband to various forms of harassment. His house was attacked with machine guns and he received frequent threatening phone calls. Unknown people entered his house looking for copies of his articles, in order to be able to start criminal proceedings against him, as he was writing his articles under a pseudonym. 24.     On 17 March 1996 the Yenidüzen newspaper printed an article by Kutlu Adalı about an incident in which thieves had broken into a tomb in the monastery of St Barnabas and stolen various objects of cultural significance. He had written that the licence plates and the colour of the thieves' cars had been noted, and the licence plates had been traced as belonging to two members of the Civil Defence Organisation. After the publication of this article, the editor of the newspaper received a threatening phone call from the head of the Civil Defence Organisation. Mr Adalı also began to receive frequent threatening phone calls. 25.     On 4 July 1996 the Yenidüzen newspaper published another article by Mr Adalı which strongly criticised the “Mother Country- Child Country” policy of the Government of Turkey and of the “TRNC”. 26.     On 6 July 1996, at around 11.35 p.m., the applicant's husband was shot and killed in front of his house in the “TRNC” by unknown persons. The applicant was in Istanbul on the night when he was killed. When she had telephoned her husband at about 11.15 p.m., he had told her that “they” had been threatening him. The “TRNC” authorities refused to show the applicant her husband's body. She was told by the doctor in charge of the mortuary, Dr İsmail Bundak, that no post mortem had been carried out, although the body had been rayed. She has never been allowed to see the rays. The applicant was informed for the first time that a post mortem had been carried out in the Government's observations of 1 April 1999, and a copy of the post-mortem report was provided. 27.     The applicant has attempted to investigate her husband's death herself. She found out from her neighbours that shortly before her husband's death, a black car had been parked in the street. This black car was of the same model as the car driven by Altay Sayıl, a retired police officer who had become friendly with the family in the last months of the applicant's husband's life. This retired police officer Altay Sayıl did not appear for ten days following the death of her husband. 28.     The applicant's neighbours told her that around the time her husband had been shot they had heard him begging his killers for his life. They said that they had heard a man saying that the applicant's husband deserved to die. The neighbours also informed her that the electric lighting in the street outside the applicant's home had gone out at about 10.30 p.m., causing the area to be in darkness, and had not been switched on again until shortly after Mr Adalı had been shot. The applicant also learned from her neighbours that within only a few minutes of the shooting about twelve military cars had arrived and had sealed off the area, and that the “special teams” of police officers had threatened the neighbours with guns to force them to go back inside their houses. 29.     On 8 July 1996 the pro-“TRNC” government newspaper Kıbrıs reported that it had received a statement from a fascist group calling itself the Turkish Revenge Brigade, claiming that it had killed Kutlu Adalı. According to the applicant, this group is linked to the so-called “Grey Wolves”, the youth movement of the Turkish Nationalist Movement Party. They have close and long-standing links with members of the Turkish armed forces, the Turkish police, the Turkish National Intelligence Service (MIT), the Turkish paramilitary apparatus, Turkish ministers and the Turkish mafia. 30.     Three days after her husband was killed, the applicant's family received a telephone call from an anonymous caller, a woman, who gave the names of two individuals who she said were responsible for Mr Adalı's murder, a Mr Hüseyin Demirci and a man whose first name was Orhan. The applicant informed the police about this phone call but the police refused to start an investigation, stating that this woman was known for making false allegations to the police. The applicant discovered that Mr Demirci was a member of the “Grey Wolves” and of the Civil Defence Organisation and that the security forces were paying him. Orhan was a colonel in the Turkish armed forces on the island. 31.     On 14 July 1996 the applicant's children arranged a meeting with the President of the “TRNC”. They requested him to take steps to ensure that effective action was taken to find their father's killer, and the President promised to take effective action. 32.     On 18 July 1996 the applicant requested President Denktaş that the status of martyr be awarded to Kutlu Adalı. On 9 September 1996 her request was rejected. 33.     There have also been repeated allegations in the press that a man called Abdullah Çatlı, an extreme right-wing activist who was linked with the “Grey Wolves” and who was allegedly instructed by some Turkish officials to kill people suspected of being PKK members, was involved in the death of the applicant's husband. According to the applicant's personal information, Abdullah Çatlı had arrived in the “TRNC” at the beginning of July 1996 under a false identity. 34.     She contends that in November 1996 she received an invitation from southern Cyprus to receive an award in her husband's name. However, the day before the meeting she received a phone call from an official in the “TRNC Ministry of Foreign Affairs” and, being scared by this phone call, she decided not to attend the meeting. 35.     In December 1996 the applicant went to see the security forces' commander, Mr Hasan Peker Günal, and complained that the security forces were not investigating her husband's death properly. 36.     On 5 March 1997 the Yenidüzen newspaper published a letter signed by the head of the “Grey Wolves”, which contained a threat that left-wing journalists and writers would be killed like the applicant's husband. The applicant gave copies of this article to the police to investigate, but she did not receive any response. 37.     On 26 June 1997 the applicant wrote to the security forces' commander, Mr Hasan Peker Günal, pointing out that nearly one year had passed since her husband's assassination and that the perpetrators had not yet been found, but she did not receive any concrete information in reply. 38.     Plain-clothes policemen have constantly been following the applicant and her daughter; their phones had been tapped and their correspondence monitored. They have received anonymous phone calls and their telephone and fax line has been disconnected from time to time. In this connection, she submits that she received very few letters of condolence following her husband's death. She maintains that the water supply of her house has been cut on several occasions and she does not believe that this was due to technical faults as it has been alleged by the Council Water Department. 39.     The “TRNC” regime also refused to register an association, which is called “Kutlu Adalı Foundation”, whose aims include the furthering of the ideas of Kutlu Adalı regarding peace, democracy, human rights and freedom. 40.     The applicant also requested permission from the authorities to keep her husband's press card that entitled her to certain privileges, such as discounts for air fares. However, this request was also rejected. 41.     On 20 June 1997 the public authorities prevented the applicant and her daughter from attending a meeting organised by a radio station in southern Cyprus, by not giving them permission to cross over to that side. 42.     On the anniversary of Kutlu Adalı's death the applicant organised a ceremony to commemorate her husband. On the day of the ceremony, the municipality brought in digging machines to dig up the road just under their street. The applicant also submits that a picture of Kutlu Adalı, which was displayed in their garden, was stolen. 43.     On 10 August 1997 she heard three gunshots outside her home. Subsequently, before she left for England, a real-estate agent came to meet her daughter and told her to sell their house and accept any offer he would make to buy it. The applicant believes that this real-estate agent was sent by the “TRNC” authorities to persuade her to leave the country. 44.     The applicant further contends that following her application to the European Court of Human Rights, her daughter was dismissed from her post in a bank, and that although she was ranked 15 th among 68 candidates in the examination to become a civil servant, she was not given a post. 45.     Moreover, the applicant's representatives informed the Court on 21   January 2000 that on 15 December 1999 the applicant had a meeting with Professor Bakır Çağlar about her application before the Court. Professor Çağlar, who is a former agent of the Turkish Government in the cases before the European Court of Human Rights, allegedly told the applicant that she might be assassinated if she won her case before the Court and that her daughter's scholarship would be discontinued. However, the applicant submitted in her oral evidence to the Court's Delegates that Professor Çağlar had asked about the details of the case and that he had told her that he could win the case for her since, according to him, her lawyers were not very good. As she considered that he was connected to the authorities of the “TRNC” or of Turkey, she did not want to hand her case over to him. 2.     Facts as submitted by the Government (a)     Events preceding the murder of Kutlu Adalı 46.     The Government submit that at the time when Kutlu Adalı was employed as the private secretary of President Denktaş, he requested the President's support to evade military service. His request was rejected and Mr Adalı had to do his military service, which consisted of a short period of basic training and a remaining period of office work, which he performed at the Bayrak radio station. When he completed his military service, he was appointed as the Director of Registration. In December 1979 he was removed from his post by an instrument signed by the minister responsible, the Prime Minister and the Head of State pursuant to Article 93 of the Constitution of the Turkish Federated State of Cyprus, and was appointed to the Ministry of Foreign Affairs, Defence and Tourism as an adviser. Mr Adalı initiated proceedings in the High Administrative Court and requested the annulment of this action. Eventually, the courts accepted Mr Adalı's arguments and he was reinstated in his post in 1983. 47.     The Government maintain that Mr Adalı pursued his career as a writer and a newspaper journalist while he was in the public service. He used to write under the pseudonym of “Kerem Atlı” not because it was dangerous for him to express his political views, but because there was a legal provision that civil servants should not be involved in daily politics and should act impartially. The vast majority of Turkish Cypriots did not agree with the views expressed by Mr Adalı. (b)     Investigation into the killing of Mr Adalı 48.     The Government submit that on 6 July 1996 at 11.40 p.m. a tip-off was received at the communications section of the Lefkoşa Police Headquarters on telephone no. 155 from an unidentified caller, stating that there had been a murder at the point where Ardıç Street crosses Akasya Street. 49.     Following the tip-off two Land Rovers belonging to the special unit ( çevik birlik ) of the nearby Yenişehir police station, attached to the Lefkoşa Police Headquarters, came to the scene of incident, within a short time. They were followed by police vehicles bringing Criminal Investigation Department personnel from the Yenişehir and Lefkoşa Police Stations. The immediate area of the incident and the surrounding area were cordoned off by the police officers who started to work in order to identify the culprits. The Government underline the fact that all the vehicles used by the police and those by the Turkish Cypriot security forces are of a similar type and colour. 50.     The investigation began immediately after the death of Kutlu Adalı. Early in the morning of 7 July 1996, at 3 a.m., police officers brought a doctor from the Nicosia (Lefkoşa) State Hospital to the scene of the incident. The doctor examined the body and established that Mr Adalı had died at the scene of the incident as a result of two bullet wounds in the areas of his left temple and left shoulder. A photographic fingerprinting officer took photographs of the scene of the incident. A sketch map of the scene of the incident indicated the positions of the empty cartridges. The body was then sent to the Nicosia State Hospital morgue for the purposes of an autopsy. Mr Adalı's corpse was shown to his brother-in-law by police officers at the hospital morgue. 51.     On 7 July 1996 police officers drew up a list of residents, including the applicant's neighbours, in the Akasya and Ardıç streets. On the same day statements were taken from thirty-three persons as to their knowledge about the incident. 52.     Following the autopsy carried out by Dr İsmail Bundak on 7   July 1996, the cause of death was identified as dismemberment of the internal organs, internal haemorrhage and supdural bleeding at the head as a result of the wounds sustained by being shot with a firearm. After the autopsy, the blue-coloured shirt, striped T-shirt, pair of slippers and pair of glasses which Mr Adalı was wearing were taken as evidence. 53.     Between 8 and 31 July 1996 twenty-six further statements were taken from potential witnesses, including members of the applicant's family. 54.     The investigation report of 13 July 1996 indicated persons who were not at home on the night of the impugned incident and their whereabouts at that time. 55.     On 17 July 1996 the Deputy to the Head of Security Forces Command in Lefkoşa sent a bloodied T-shirt and a shirt belonging to Mr   Adalı to the State Laboratory for an analysis of the blood. 56.     On 18 July 1996 in an article, which appeared in the newspaper Milliyet under the headline “The murderer was someone he knew”, it was alleged that a few days before the murder, a Timur Ali from the Nationalist Thought Association had made statements in the Birlik newspaper such as “Kutlu Adalı must be destroyed like a dog by the council”. 57.     On the same day, statements were taken by the police officers from Ali Tekman, a columnist who used the pen-name “Timur Ali”. In his statements the latter denied that he had made such allegations and claimed that he had never written for Birlik newspaper and that he was not a member of the Nationalist Thought Association. 58.     The authorities investigated the applicant's allegations that at the time her husband was killed the street lights at the scene of the incident and in the vicinity were switched off. Subsequent to the enquiries made by Mr   Ali Horoz, an equipment engineer at the Turkish Cyprus Electricity Company, it was established that the electricity for the street lights at the place of the incident and in the nearby Akasya, Akalan, Bağarası, Söğüt and Altınova Streets was provided by the “Sıdıka Çatozlu” power supply and not from the power supply of the Civil Defence Organisation as alleged by the applicant. After statements had been taken from the residents in the area, it was established that there had not been a power cut on the night of Mr   Adalı's murder and that even if, as alleged by the applicant, the power supply in the courtyard of the Civil Defence Headquarters had been interfered with in order to affect the street lamps, it would not have been possible to switch off the street lights at the scene of the incident or in the streets in the vicinity. 59.     A ballistic examination was also carried out on the used cartridges. Following the examination of 14 used cartridges, the ballistics report of 6   August 1996 stated that they were 9-mm Parabellum-type cartridges that had been fired from one single gun at close range. It was further noted in the report that the cartridges and the bullet cores were not linked to any other cartridges or bullet cores that had hitherto been found within the territory of the “TRNC” or recorded in the files on murders by unknown assailants. 60.     On 15 October 1996 the applicant submitted a petition to the Telephone Directorate in Nicosia, stating that she and her family had been disturbed by calls made from a certain number. At the applicant's request a tapping device was put on to the applicant's telephone line (no. 2274089). 61.     On 12   November   1996 a call was received from the telephone number 2271851, and the authorities found out that the number belonged to a certain Mr Cahit Hüray, whose telephone line was then cut off. Following a request made by a person named B.K., the telephone was reconnected on payment of a certain amount of money. The owner of the telephone line, Mr   Hüray, sent a complaint to the Telephone Directorate on 18 November 1996 stating that he had never dialled the applicant's number. Mr Hüray requested an inquiry to be made into this disturbance. Thus, on 22   November 1996, an assistant police inspector took statements from the head of the technical section at the Telephone Directorate to clear this matter up. 62.     On 4 March 1998 the police assistant inspector in charge of the investigation, Ahmet Soyalan, concluded his report on the investigation. In his concluding remarks, the inspector stated that it had not been possible to identify the murderer(s) and that he could not therefore reach a positive result for the investigation. 63.     On 29 April 1998 the case was referred to the Attorney-General of the “TRNC”. 64.     On 1 July 1998 the Attorney-General's office advised that the matter should be referred to a coroner for an inquest. 65.     On 31 July 1998 the Nicosia Police Chief informed the Nicosia Coroner of the results of the investigation into the killing of Mr Adalı. He transmitted the full investigation file containing the statements of the witnesses and the investigating officer's report. 66.     The hearing in Lefkoşa before the coroner commenced on 20   October 1998 and, following statements from witnesses, was concluded on 11 December 1998 with the delivery of the verdict. The coroner found that Kutlu Adalı had been shot dead on 6 July 1996 by unidentified person(s), and that his death had been caused by organ dismemberment, internal haemorrhage and subdural haemorrhage in the head. The coroner stated that the murderer(s) of the deceased could not be identified and declared the case closed. (c)     The Government's observations in response to the applicant's allegations 67.     The Government maintain that the allegation about the involvement of Abdullah Çatlı is no more than speculation. In this connection, they submit the “TRNC” records according to which Abdullah Çatlı's last visit to TRNC had been between 26 April 1996 and 1 May 1996. The Government emphasise the fact that Abdullah Çatlı was not in the “TRNC” on 6   July 1996, when Kutlu Adalı was killed. 68.     The Government explain that public opinion was supportive of the loss of the applicant's husband. Public statements were made by the President, the Speaker of the Legislative Assembly, the Prime Minister and political party leaders, condemning the killing and calling for the assailants to be found. Moreover, Mr Adalı's name was assigned to the street where he lived by the Lefkoşa Municipal Council. 69.     As regards the events that occurred after the death of the applicant's husband, the Government maintain that most of the applicant's allegations are highly exaggerated. In this connection, the Government note in the first place that the applicant herself asked for protection from the “TRNC” authorities and was told that she was already under the protection of plain-clothes policemen. 70.     The Government further submit that in order to register a foundation in the name of Kutlu Adalı, an application should be made to the competent court and a court order should be obtained. On 2 April 1998 the Nicosia Family Court ordered the registration of the Kutlu Adalı Foundation after the applicant and eight other persons chose to follow the correct procedure. 71.     In respect of the refusal of the applicant's request to cross to the southern part of Cyprus, the Government submit that the crossings of the Green Line to and from the Ledra Palace Gate between the “TRNC” and southern Cyprus are regulated by the rules and regulations of the “TRNC” and crossings are subject to restrictions due to security precautions. The “TRNC” authorities have the right to suspend permission to cross the border. 72.     The Government further submit that the St. Barnabas incident which occurred in March 1996 was a security operation. There was no damage to the icons or to the archaeology museum. Upon receipt of intelligence reports to the effect that illegal arms had been hidden in the tomb, the security forces conducted an operation there. The Government state that the Civil Defence Organisation was not involved in the incident. 73.     The Government explain that pursuant to Law No. 7/1974 providing for aid to families of martyrs and victims of events, a martyr denotes a person who lost his life in the performance of duties assigned to him by lawful orders, in the protection of the rights of the “TRNC” in the struggle against illegal acts. 74.     Moreover, the Government contend that the applicant's daughter was dismissed from her post in the Erbank on account of disorderly conduct on 12 October 1998. The application was communicated to the Government on 26 December 1998; therefore, as the dismissal of the applicant's daughter occurred before the communication of the application, this incident cannot be attributed to the authorities. The Government also state that the applicant's daughter had ranked 52 nd (not 15 th as alleged) amongst 68 candidates in the examination to become a civil servant. The result of this exam was published in the Official Gazette dated 23 September 1998. B.     Oral evidence 75.     The facts of the case being in dispute between the parties, the Court conducted an investigation with the assistance of the parties. In this connection, four delegates of the Court took oral evidence from the applicant on 8 October 2002. Six further witnesses were heard by the Delegates on 23 and 24 June 2003 in Lefkoşa, Cyprus. The evidence given by the witnesses may be summarised as follows. 1.     İlkay Adalı 76.     Mrs Adalı was born in 1944. In addition to her earlier submissions she claimed the following. 77.     Prior to the events in question, Mr Kutlu Adalı's writing led to his being prosecuted by the authorities on one occasion. On 15 August 1981 police officers searched their house because her husband had allegedly insulted President Denktaş in an article. The search warrant was signed by Emin Okur, a judge in Kyrenia. The authorities wanted to find out the identity of the author of the article “Minaredeki Deli” ( the mad on the minaret ) and whether it was Kutlu Adalı who was using the name Kerem   Atlı. The prosecution was subsequently discontinued for lack of evidence. None of the books and articles written by the applicant's husband were ever seized or confiscated. 78.     No further incidents occurred until after her husband's article on the St Barnabas monastery was published in Yenidüzen on 17 March 1996. On the day of publication the head of the Civil Defence Organisation, Galip   Mendi, telephoned the newspaper and made threats, which were indirectly aimed at her husband because he was the author of the article. Following the St   Barnabas incident Mr Mendi was removed from his post. He left Cyprus two days before the killing of the applicant's husband and returned two years later. He was currently in charge of the security services. 79.     The Civil Defence Organisation was an organisation initially established in order to help the people and to assist them in defending themselves in the event of disasters such as a fire or the outbreak of war. People who were no longer eligible on grounds of age belonged to the Organisation and were called into service if there was an emergency. A commander belonging to the military stood at the head of the organisation. The applicant did not accept that it was a civil organisation – she was of the opinion that it was a special and secret organisation attached to the Prime Minister. 80.     Whilst in his post as Director General of Population Issues, her husband had been a senior manager within the Civil Defence Organisation. The applicant only learned about this after her husband's death, when amongst his papers she found the 1975 decision of the Council of Ministers appointing him. 81.     Erhan Arıklı, a member of the Nationalist Thought Association, wrote to Yenidüzen threatening Kutlu Adalı. Mr Arıklı also had an article, entitled “The Red Disease”, published in the pro-Government newspaper Birlik in which he wrote, using the pseudonym Timur Ali, that leftist people should be shot like stray dogs by municipal officials. It was true that in her interview with the Milliyet newspaper the applicant had said that, in “The Red Disease”, Mr Arıklı had written that her husband should be put down like a dog. This was in any event how she had interpreted the article. 82.     In December 1996, when the applicant was going through her husband's papers, she discovered a letter, dated 1990, written to her husband by the fascist Nationalist Thought Association and signed by Mr   Arıklı. She perceived its contents as threatening. 83.     It was not only Yenidüzen which received threats: the applicant's husband himself also received many anonymous letters, saying that he would be killed in a week's time, and threatening telephone calls. As he was a very proud person, he did not report these threats to the police, although he did mention them in an article of 23 April 1996. Neither did he try to have the telephone calls traced. 84.     On 6 July 1996, the day of her husband's killing, the applicant was in Istanbul to celebrate their daughter's birthday. Her husband had not accompanied them for financial reasons. She spoke to him by telephone at 11.15 p.m., fifteen minutes before he was killed. After her husband's death, she was unable to see his body. Her brother-in-law did see the body. 85.     Being of the firm belief that her husband had been assassinated by Government agents, the applicant herself conducted an investigation. She handed the results of this investigation, in the form of a written statement, to the police chief Mehmet Özdamar. She was not given a copy of it. 86.     As regards her investigation, the applicant said that, as time went by, her neighbours - the persons living around her and across the street from her- started giving her information. For example, Ayşe Mehta told her that she had seen a black Murat car driving rapidly to the Civil Defence Organisation headquarters that day. Ms Mehta lived on Şehit Ecvet Yusuf Street, which ran parallel to the street where the applicant and her husband were living. It was also the street where the Civil Defence Organisation was based. None of the inhabitants of Şehit Ecvet Yusuf Street were interviewed by the police. The police said that these people had not been at home when the incident had occurred, but this was not true. 87.     Other neighbours, Arzu Çağın and Ali Rıza Kırçay, mentioned a dark red Şahin and a dark-coloured car respectively. 88.     Based on these statements, the applicant formed the opinion that the car had been a black Murat, although she acknowledged that it might also have been a Şahin since Şahin and Murat cars looked the same. 89.     Ms Mehta also told her that the two lamp-posts on Ardıç Street, around the applicant's house, had been switched off at 10.30 p.m. Ms Mehta did not see when they had come back on, but she did notice that they were on after the murder. This was something that used to – and continued to - happen quite frequently. Only the lights around the applicant's house would be off and the applicant and her family would be left in darkness. A sibling of the applicant had explained to her that this was done by removing the fuse from the fuse-box in an individual lamppost. 90.     Two other neighbours – Turkish students, living in the basement of the building next door – refused to speak to the applicant and left Cyprus three days after the killing. However, they did gave a statement to the police. 91.     Erinç Aydınova, a fourteen-year-old child of a neighbour, was one of the first persons to fin