REPORT OF RESEARCH & INQUIRY ON KILLING OF FERHO (85) AND FATMA (80) AKGÜL COUPLE

REPORT OF RESEARCH & INQUIRY ON
KILLING OF FERHO (85) AND FATMA (80) AKGÜL COUPLE ON MARCH 2, 2006

 

A- INTRODUCTION:
Applying to Mardin Office of the Human Rights Association (IHD), Münevver Akgül (born in Mardin Midyat in 1971- resides in Germany), daughter of the deceased couple, Ferho Akgül (85) and Fatma Akgül (80) said that her parents were killed on March, 2, 2006 within their house in the late hours of night, in Mardin’s Midyat Town Doğançay (Mizizex) Village (some 995 kilometers southeast of Ankara) and she believes that the incident would most probably related to the social and political environment in the region, and demand for help from the IHD. Upon the application and because of the seriousness of the claims the association mandated a fact finding mission, to go and make research and inquiry in the village and vicinity.

B-OBJECTIVES OF THE MISSION
Following the application made to the IHD, the IHD and Association of Human Rights and Solidarity with the Oppressed (Mazlum-Der) mandated a mission to go and meet with witnesses (if there are any), authorities and collect information by carrying out research and inquiry and to prepare make public a report and send it to relevant authorities and institutions, in a bid to contribute protection of right to life which has been under protection of various national and international legislations.

C-COMPOSITION OF THE MISSION:
A human rights mission composed of:

İHD General Executive Board Member and İHD Representative of Eastern and Southeastern Anatolia region Mihdi Perinçek,

MAZLUMDER General Executive Board Member Nesip YILDIRIM and

İHD General Executive Board Member and Head of Mardin Office Hüseyin Cihangir,

was prepared and set out from Diyarbakýr (some 911 kilometers southeast of Ankara) and arrived at the village on March, 08, 2006.

D- INITIATIVES OF THE MISSION
Before the mission started its research and inquriy, the İHD Headquarters send a letter dated 07.02.2006 and numbered 202/2006/5-48 to Midyat Governor’s Office and Midyat Public Prosecutor’s Office and requested these authorities to give an appointment.

The mission arrived at Mardin’s Midyat Town and Doğançay (Mizizex) Village on 08.03.2006 and started its inquiries. In this context, the mission met with daughter of the deceased Münevver Akgül, Head of the Village Abdulkerim Akgül (born in 1936), with İsmet Demir who is the first person who saw the corpses of the deceased, nephew of the deceased Nasır Akgül (1971) and villagers around.

Moreover, the mission also went to see Midyat Governor Mustafa Yılmaz at his Office at 13:30, but was told that Midyat governor went to the Mardin Governor’s Office for a meeting. The mission informed the Editor in-Chief of the Governor’s Office İsa Kurnaz, who gave the information about Midyat Governor, on objectives of the mission. The mission also met with Midyat Chief Public Prosecutor Þaban Yılmaz at 14:00.

ŞABAN YILMAZ (Chief Public Prosecutor of Midyat)
During the interview carried out by Şaban YILMAZ, who is the public prosecutor of Midyat, he declared briefly that “they are dealing with the murder of 2 elderly citizens in the Doğançay village; there is a judicial inquiry on this event. Proofs are being collected in a detailed manner. The corpses were sent to Diyarbakır province for autopsy and got a report. Then he continues as they are trying to do their best on the issue, the inquiry on murder event is continuing whether the event is theft or a murder under a fake on theft. They are inquiring the murder in different aspects. The judiciary of Tereke made a determining in the murder place. Lastly he says that if there are persons, especially from the village of Doğançay, who have information about the murder, officials are expecting help from these persons. Moreover, persons should inform the official if they get information from now on. He declares that officials have also some proofs on the murder event, and the dead persons could be our mothers or fathers, so they are conducting their work according to laws”.

İSMET DEMİR (Witness from Doðançay village)
İsmet Demir, who is the first witness and has seen corpses of the deceased in 03.03 2006, explained in his statement that they have a partnership in putting animals out to pasture with Ferho AKGÜL and he realizes that Ferho did not put animals out to pasture in 3.3.2006 Friday morning about 06.00-06.30. Then, he went to side door since the door which is under the courtyard was close and he called them. He saw that the door was bolted inside so he put shrub so as to make sound when the door opened. As there was no answer to his calling, he opened the door by putting in his hand over the door, and then pushed shrubs. The wood door was wide open and there was nothing to attention in living room. When he looked to the living room from the opened door, both of them (Ferho and Fatma AKGÜL) were in their beds without quilt on them. He was astonished because there was no answer though he called them. When he was going to forward to inside he saw a white but reddened cloth, when he was going to push the cloth with his cane he realized that the cloth was stuck to the floor. After he took the cloth by means of his cane, he understood that the cloth was in blood. Therefore, he decided that the elderly persons were dead. Then, he called the village headman without entering to inside. Officials has not taken samples of blood, hair etc from anybody in the village after the murder. He gave same testimony in the police station, too.

ABDULKERİM AKGÜL (the village headman of Doğançay village– birth date was 1936)
During interview with Abdulkerim AKGÜL, he stated briefly that he has been conducting the official work as village headman for 22 years in the village of Dğðançay. He visited Ferho and Fatma Akgül in the date of 2.3.2006, the murder day, about 15.00. ferho Akgül had been ill for 3-4 days, and in bed, he left there after asking how they were. He learned the murder in 3.3.2006 at about 06.00 when fellow countryman, İsmet, informed him about the murder. Then he went to the murder place. The dead persons did not have any problem with nobody. There were not any unfamiliar cars in the murder day; they do not keep watch in the village. Young persons go to visit to the village dwellers in the evenings and he says that according to my predictions murderers might have gone to the house about the evening hours because there were not any forces in the door.

MÜNEVVER AKGÜL (Daughter of dead persons -Midyat 1971)
Münevver AKGÜL expressed in her statement briefly that “she lives in Germany. They are 7 children and 3 of them are males. All of the children live in abroad and their parents live alone in their house in Doğançay village. When they asked to send money their parent, the parent refused with saying that “we do not need money because our income from animals is enough for us”. She heard about their murder via phone and came from Germany. She does not know how and by whom they were killed. She states that as family they do not have any foe. On the other hand, she said that there were many murders in the village before, she suspends everybody. Therefore, the inquiry must be carried out in a more detailed manner”.

M. NASIR AKGÜL (nephew from Doğançay village)
In his statement M.Nasır Akgül said that “I do not think the murder was a result of theft because there were three rings in the hands of my uncle’s wife (Fatma AKGÜL). If the murder had been carried out for theft, the rings could have been taken”.

F-DETERMINATIONS BY COMMITTEE
After examination and inquiry our committee made some determinations. These are shown below;

1-The Situation in Doğançay Village:
1-Doğançay (Mizizîx) village is nearly 1 km inland from 8 km Mardin-Midyat highway. The village is in the rural area of Mardin province. The village is some 35 km away from Dargeçit district.
2-There is no gendarmerie station in the village, there are 2 military units that are near to Doğançay village. One of them is District Gendarmerie Station, which is in Midyat centre. The other is Gendarmerie Station that is in Yayvantepe (Kartmin) village, where is on the İdil highway.
3-When it is compared with district; the village has a dominant and horizontal settlement.
4- The primary school, where only a teacher works, has 17-18 students, there is a mosque, the asphalt way, which passes through village, has a route to Yenice (Harobya) ve Oyuklu (Taka) that are in the north direction.
5-There was nearly 205 houses in 1984 in the Doğançay village. After this year, there was intensive migration both to other cities in Turkey and to abroad, but there are still 25 houses. The village was not totally evacuated by security forces, yet the migration was the result of forces by government-paid village guards. The other reason for migration is security. Most of the houses are empty and some of them were closed to a ruin situation.
6-There are 5 Assyrian families and rest of the people are Muslims in the village. The family of the deceased was also Muslim.
7-There are no government-paid village guards in Doğançay village. Moreover, there are not any government-paid village guards, who are from Doğançay village and on duty in other village.
8-There are Gülgöze(Everte), Yenice(Harabya), Oyuklu (Taka) villages in the neighbourhood of Doğançay village. Some of these villages have government-paid village guards.
9- Previously, government-paid village guards came from other villages to settle temporarily and patrolling.
10- Two slogans is noticed to be written on the walls of houses in the village. One of them is on the wall of a house that is 50 meters away from Ferho AKGÜL’s house, reading “DEATH to PKK”. The other is in the village fountain with large fonts reading “Down With Armenian APO and PKK”.
11-Generally, elderly people are more in the village than younger ones, because most of the young moved to another place.
12-The electricity was cut off in the village. According to statements from villagers there has not been electricity for 20 days.
13- Up to now, 10 persons have joined to armed militant organization.

2- The situation of Ferho AKGÜL’s house:
Upon the research and inquiry that was carried out, the mission determined the following about the situation of Ferho AKGÜL’s house:
1-Ferho Akgül’s house lies at the highest point at Doğançay Village and there are no houses but a deep valley after the house,
2- The house lies at the periphery of the village and the houses nearby are evacuated,
3- The house is a two-staged house made up of stone; as one of the entrances to the house, the door opening to the courtyard and the barn was made up of iron and firmly closed and the other entrance which was made up of wood was open. The garden of the house is surrounded by a high garden wall.
4- The first stage of the house is a stable and there are rooms at the second stage. The house could be regarded as firm with its doors and iron bars on the windows.
5- The security forces have sealed of the doors of the house.
6- As it is seen through the window; there are two beds one is on a low couch an done is on the floor. There is a mess in the house, with clothes scattered around and a bundle near to the window.
7- There are two cows, 17 goats and six sheeps in the stable.

3-The Situation of the Murdered People :
The Committee determined that;
1- 85 year old Ferho Akgül and his 80 year old wife Fatým AKGÜL live alone in their house, they have a quiet and modest life and they do not have any hostility toward anybody, they have 7 children, 4 of which is girl,
2- They are making their lives out of their animals mentioned above,
3- Their children live in abroad, reside in Europe, they are political refugees and carrying out political activities there, the family is known because one of their children is writer,
4- Ferho Akgül was taken to bed for 4 days with an illness before the incident.

4- Other determinations
1- A family resides in Yenice, a neighbor village and nomads come to the village in summer, Oyuklu village is empty and includes approximately 50 buildings, the nearest place that the government-paid village guards live is Gülgöze (Everte) village,
2- Between 1990-91, 3 temporary government-paid village guards were killed in a field 1,5 km. near to the village and in a field belongs to Doðan çay village, and from this date on threat and pressures against the village inhabitants increased and unknown-perpetrator killings have started,
3- The people subjected to the unknown perpetrator attacks in the same village;
– In 1991 Selim AKGÜL(63 year old) has been wounded by unknown perpetrators,
-In 1991 Gevriye DURMAZ who is working as a dolmush driver registered in village records has became a victim of unknown perpetrator killing near Yenice-Doðançay village,
-Between 1990-1995 Ebubekir ALDUR( 70 year old) has been taken under detention and afterwards was found dead in a cave,
– In 1994 Abdusselam AKGÜL (around 24), student in his last term of Dicle University Medicine Faculty has become a victim of unknown perpetrator killing,
– Between 1991-94 Nihat AYDOĞAN, who was released from Mardin Prison was kidnapped and no further news heard about him,
-In 1996 Şahin İLHAN (around 75) was killed in front of his home by arm.
– Between 1998-1999 İskender ARAS and Reyhan ARAS (70-75 year old) are killed. After one of the incidents some government-paid village guards are arrested but they are not punished.
– Perpetrators of these incidents have not still been determined.
– 5 old people one of which is above 70 and one is 63, have been harmed because of the unknown perpetrator incidents mentioned above before the incident dated 2.3.2006,
– Finally, the number of the people suffered from unknown perpetrator incidents has reached to 10 with killings of Ferho AKGÜL and Fatma AKGÜL.
4- Approximately 15 days before the incident; approximately 50 soldiers with one panzer and two civil minibus, raided and searched houses of Nurettin Tan, shepherd of the village and Zeki Aydın, inhabitant of the village,
9- In the night after the incidence no vehicle has entered the village and the villagers have not heard a remarquable dog barking,
10- The 3 rings of Fatma Akgül were on her finger, after she was killed (insistent declaration of Nasýr Akgül born in 1971 in Doğançay village, nephew of Ferho Akgül),
11- The village inhabitants have worries relating to security since past years and after the killings their worries increased.

G-CONCLUSION :
Murdering of two elderly citizen could in no way be legitimized. The opinions formed within our mission following the inquiries, researches and interviews were:
• There are no decicive evidences indicating whether Ferho AKGÜL and Fatma AKGÜL were killed for political reasons or as a result of a theft attempt. However, the recent history of the village and other factors should be kept in mind in the evaluation of the incident
• The people in the environment of the deceased could well think that the seven children of the deceased could had sent money to their parents. However, during village life, people do not stay at home for twenty four hours but spend some hours outside of their houses and in the field. Therefore, any thief could well think of using these hours to commit theft in the house. The factors making the probabilty of a theft attempt less likely are; there were no signs (expenditures, money lending etc.) that people around could derive that the deceased have money. Moreover, there were no signs of theft within the house ( the bundle in the room wasn’t opened).
• Despite it could seem less likely for two elderly persons to have been killed for political purposes, it is thought-provoking that five other elderly persons from the same village were previously killed by unknown-perpetrators. The facts that children of the family were political refugees in abroad and they have been attended TV programs in the satellite TV (ROJ TV), and the general political tendency of the peole in the village should be kept in mind in investigating this murder.
• Since the both of the deceased were killed in their beds, and the fact that any one of them could go out of his or her bed as the other one killed, the members of the mission has convinced that the murder were committed by more than one person.
• Members of the mission couldn’t find clearly how did the perpetrators entered the house, for the two doors of the courtyard were closed. However, it is understood from the traces of blood at the roof of the stable that the perpetrators have fled towards not the empty area but towards the village. Considering the firmness of the door of the courtyard it should well be thought that the perpetrators could have pursued the same route as they entered the house.

H-CONCLUSION :
Considering the previous unknown-perpetrator killings in the same village and the recent murder of the two elderly persons, our mission concluded that the “right to life,” and “right to live in a secure environment” were violated.
As the investigation by Public Prosecutor is still going on, and there is no evidence yet indicating that the investigation is not effective, our mission concluded that the result of the investigation should be awaited. In this context, the administrative authorities and judiciary should perform an effective and quick investigation into the event. As the equipment and the opportunities that these two institutions have, we believe that such an effectivity in investigation could be reached. In the case that the investigation is not carried out effectively, the people in the village and public opinion would start regarding the allegations as correct.
İHD and MAZLUMDER will insistently follow the investigation process on this incident, in which the right to life as one the most basic right were violated.
Faithfully,