ELCI AND OTHERS v. TURKEY JUDGMENT
38
258. He was put in a vehicle and his scarf was tied over his eyes. He was
driven for about five minutes, got out of the car and was told to wait by a
wall. Later he was taken into a building and made to crouch down in a
corridor where he heard the whispers of some of his colleagues, such as
Gazanfer Abbasioğlu and Tahir Elçi. They sat on a blanket on the concrete
floor for some 8 days (7 days in custody according to official records).
259. He was not told why he had been detained although he knew that
there were colleagues already in custody who, as rumour had it, had been
incriminated by the PKK confessor, Abdülhakim Güven. He had met
Mr Güven as a prisoners' representative in Diyarbakır prison. He had
accompanied the clients whom the applicant had interviewed. The applicant
did not suspect that Mr Güven had made allegations against him as he had
no connections with him whatsoever, either professional or otherwise.
260. One or two days later he was taken for interrogation and accused of
being a courier for the PKK between prisons, and assisting and harbouring
the PKK. Someone calling himself Mr Güven was apparently present and
urged the applicant to confess like him. The applicant said to this person,
whom he presumed to be Mr Güven, that he knew very well that the
applicant had not carried notes between prisons.
261. A few days later there was a terrible noise, with martial music
blaring, and he heard people being ordered to sign documents or be killed.
He was similarly threatened with torture - electric shocks - and felt obliged
to sign documents, the contents of which were unknown to him. He had
heard Tahir Elçi, Niyazi Çem and Meral Daniş Beştaş being subjected to
cold water ill-treatment.
16. Abdülhakim Güven
262. Mr Güven was born in 1962 and had no specific profession other
than trading. At the material time he was remanded in custody in
Diyarbakır E-Type prison, charged with membership of the PKK. In 1993
he had left the PKK over a disagreement and became a confessor, giving
information to the State about the PKK, starting with certain lawyers whom
he had known before his imprisonment (which started in 1989). The PKK
had made him the representative of its organisation in prison and he was in
charge and supervised all members' contacts with the outside world,
including their defence lawyers. This was part of the education given to
PKK associates.
263. Mr Güven had little recollection of the events and allegations he
had made concerning the applicants, but confirmed many leading questions
from the Delegates and the parties, which resulted in the following account:
264. Mr Güven confirmed a statement he had given in November 1993
(paragraph 425 below), which revealed that he had met a PKK member,
code name Beriwan, at the house of Tahir Elçi, and that he had given