ELCI AND OTHERS v. TURKEY JUDGMENT
25
had written, and books which they considered to be illegal, were seized.
However, the latter had all been lawfully purchased from book shops. A
report was drawn up, listing the seized items. Nothing was ever returned to
the applicant. Some of the materials were put in the prosecution file.
148. Mr Acar was escorted to hospital by police superintendent Numan,
where a certificate of good health was delivered. He was then blindfolded
and taken to the Diyarbakır provincial gendarmerie command in a taxi,
during which trip he was punched and insulted. He was severely beaten on
arrival, causing him earache. He was then thrown into a cell. He believed he
was at the JITEM interrogation centre of the gendarmerie in the Ofis
neighbourhood of Diyarbakır.
149. Two or three days later he was interrogated, double blindfolded.
Three or four people seemed to speak. He was asked why he went to the
prisons to talk to political prisoners; why he took on their defence; why he
was a member of the Human Rights Association; why he prepared reports,
inspected and gathered evidence of human rights abuses; and what
connections he had with the PKK for whom he was said to be working. He
was insulted, kicked, slapped and beaten during the interrogations, as well
as being threatened with death.
150. Abdülakim Güven made allegations against him. Mr Acar knew
Mr Güven, who had been present as a prisoner's representative when he had
visited clients in prison. Although blindfolded, he accepted that he had been
confronted with Mr Güven during the second (or third) interrogation.
151. Mr Acar denied all of Mr Güven's allegations against him,
particularly the allegation that he had brought cyanide into Diyarbakır
prison. In order to mitigate his own crimes, Mr Güven had obviously made
things up, copying from another PKK confessor's statement involving a
similar allegation about someone else (paragraph 532 below). He signed
certain incriminating statements, unbeknownst to him at the time, under the
pressure of torture, for fear of resuscitating a previous kidney injury he had
sustained in a car accident, and of being left a cripple.
152. He was kept in custody 26 days (25 days according to official
records) and recognised other colleagues who were there by their voices,
such as Meral Daniş Beştaş, Mesut Beştaş and Arif Altinkalem. Tahir Elçi,
Vedat Erten, Fuat Hayri Demir and Nevzat Kaya were in the corridor.
Hüsniye Ölmez, together with Mr and Mrs Beştaş, were in cells.
153. Tahir Elçi, Niyazi Çem who had been brought from İstanbul, Meral
Daniş Beştaş and Hüsniye Ölmez were subjected to a different form of
torture than him - cold water hosing. He could tell from their screams and
moaning.
154. The cell in which he was detained was small, dark, damp and very
cold (below freezing). There was no heat or light. A filthy, worn out blanket
was provided. He received a piece of stale bread once a day, drinking water