ELCI AND OTHERS v. TURKEY JUDGMENT
8
policemen, gendarmes and special team members, who then conducted a
thorough, two-hour search of his flat.
38. The applicant was taken from his home by gendarmes, together with
some of his books, cassettes and articles concerning work he had completed
for the Human Rights Association when he had been a member of its
management. He was blindfolded for the journey and taken to the provincial
gendarmerie command. He was not informed of the reasons for his
apprehension. He was then locked in a dark, damp cell, without any heating,
after being given a blanket, although the temperature outside was below
0oC.
39. On the third day of his detention he was taken somewhere for
interrogation. The interrogators asked him, in particular, whether he had
relations with the PKK, whether he had attended hearings before the State
Security Court concerning PKK militants and whether he had prepared
reports on human rights. (This was understood to be a reference to his work
in the preparation of application no. 22947/93, Nebahat Akkoç v. Turkey, to
the Commission [Court judgment of 10 October 2000], as well as his
communications with the London based Kurdistan Human Rights Project).
Then he was confronted with a PKK confessor, Abdülhakim Güven. When
the applicant refused to accept the accusations made against him, he was
taken outside and stripped naked. He was threatened with being taken into
the hills and killed. He alleged that, during interrogations, he was slapped,
kicked and beaten. The applicant finally signed a statement whilst
blindfolded as he was ill and scared.
40. During his detention he was taken to the toilet twice a day, at 6 in the
morning and evening. It was impossible to use the toilet or get drinking
water at other times. He received a slice of stale bread every 24 hours.
41. 26 days later (25 days according to official records), on 10
December 1993, he was brought before a Prosecutor of the State Security
Court when he was informed of the contents of the document he had signed.
He was accused of many acts which had not been mentioned during the
interrogations. He was remanded in custody at the Diyarbakır E-Type
Prison. (For further details see the summary of his oral evidence, §§ 146158 below.)
6. The case of Niyazi Çem
42. In front of the building of the İstanbul State Security Court on 23
November 1993 around midday, Mr Çem was taken into custody by five
policemen from the Anti-Terror Department. The relevant report on that
date stated that he had been apprehended at the request of the Diyarbakır
provincial gendarme command in connection with organisational activities
for the PKK, which included acting as a courier. The “house search with
consent” report of that date mentioned that the applicant had been detained