Mansur PAD and Others Vs.Turkey
18. As no response was forthcoming from the Iranian authorities, on 9 June 2000 the applicants’ legal representative wrote to various Turkish authorities requesting an investigation into the incident and the institution of criminal proceedings against the perpetrators of the crime. In particular, he brought the alleged events to the attention of the following authorities:
(i) the President;
(ii) the Prime Minister;
(iii) the Minister of Justice;
(iv) the Minister of the Interior;
(v) the Minister for Foreign Affairs;
(vi) the office of the Chief of Staff;
(vii) the Chief Public Prosecutor at the Van State Security Court;
(viii) the governor of Hakkari;
(ix) the Chief Public Prosecutor of Şemdinli;
(x) the Commander of the Gendarmerie; and
(xi) the governor of the state-of-emergency region.
19. The applicants received no response to their petitions and alleged that the Turkish authorities had failed to carry out an effective and adequate investigation into their complaints.
20. Subsequent to the impugned events, the Turkish Government made several attempts to offer compensation to the applicants through the Iranian authorities. The authorities of the Turkish Government placed the applicants under considerable pressure to accept the compensation, including threats of violence and daily visits from the Iranian authorities. The Iranian Government also imprisoned the eighth applicant on four separate occasions, in an attempt to silence him and prevent him from telling the truth about the incident. Mr Abdel Khalegh Pad, the brother of the deceased victims Vahab and Kamfar Pad, was harassed by the Iranian Government for taking steps to pursue the investigation into their deaths and was forced to flee the country and take refuge in Sweden.
2. The facts as presented by the Government
21. Prior to the alleged events in question, the authorities were informed that a terrorist group would be entering Turkey with arms and equipment. Accordingly, the authorities planned a series of operations in order to prevent the entry of this terrorist group into Turkish territory.
Tags: 13, 14, 18 and 34 of the Convention, 3, 5, Articles 2, commit unintentional homicide, deprive an individual unlawfully of his or her lib, individual to torture or ill-treatment, intentional homicide