ELCI AND OTHERS v. TURKEY JUDGMENT
26
twice daily and was allowed two visits, at 6 a.m. and 6 p.m., to the toilet per
day.
155. He was brought to a doctor on 10 December 1993 who was afraid
to note the applicants' allegations of torture in the absence of any visible
injury, all bruising or other injury having cleared up during his 26 days'
detention. He told the Public Prosecutor about the alleged torture, but it was
not recorded. The Investigating Judge before whom he was brought noted
some, but not all, of the applicant's allegations.
156. Mr Acar was indicted before the State Security Court and the
proceedings were still pending.
157. Prior to his detention, Mr Acar had reported on human rights
matters to Amnesty International and other international non-governmental
organisations. He had been the Director of the Diyarbakır branch of the
Human Rights Association between 1990 and 1992. Human rights abuses
were frequent in the area at that time. The Association's premises were
bombed and he was threatened and insulted in public by policemen. In this
way he was harassed in his legal practice. The articles and reports which he
had written about human rights abuses and which were seized during the
search on 15 November 1993 were used by the Prosecutor against him.
158. In the indictment, reference was made to faxes he was alleged to
have sent to human rights associations in Europe. He did not know whether
this was a reference to the European Commission of Human Rights. He
presumed it had meant non-governmental associations.
7. Niyazi Çem
159. Mr Çem was born in 1965 and at the material time was a practising
lawyer in İstanbul.
160. On 23 November 1993 he participated in a press conference given
by the İstanbul Human Rights Association and lawyers of the İstanbul
contemporary Jurists' Association, in front of the building of the İstanbul
State Security Court, in order to denounce the allegedly unlawful detention
and interrogation of fellow lawyers by the JITEM. At some time between 12
and 1 p.m., he was taken into custody.
161. He was held for two days in Gayrettepe, İstanbul (the police centre
for political detainees), then he was transferred to the Bursa Orhangazi
Gendarme Station. Around 25 or 26 November 1993, he was taken to
Diyarbakır, where he was held at the Diyarbakır provincial gendarmerie
command for 15 days.
162. Mr Çem's house was searched, but not his office. Nothing was
seized.
163. In Diyarbakır he was taken by a team of plain-clothed policemen to
an unknown destination. He was not interrogated on the first day.