ELCI AND OTHERS v. TURKEY JUDGMENT
Niyazi Çem
Mehmet Selim
Kurbanoğlu
Meral Daniş Beştaş
Mesut Beştaş
Vedat Erten
Baki Demırhan
Arif Altinkalem
Gazanfer Abbasioğlu
Fuat Hayri Demır
Hüsniye Ölmez
23.11.93 - 10.12.93
19.11.931 - 10.12.93
16.11.93 - 10.12.93
16.11.93 - 10.12.93
23.11.93 - 10.12.93
16.11.93 - 10.12.93
16.11.93 - 10.12.93
30.11.93 - 10.12.93
03.12.93 - 10.12.93
16.11.93 - 10.12.93
15
20.12.93 - 17.02.94
15.12.93 - 17.02.94
15.12.93 - 17.02.94
10.12.93 - 17.02.94
72. At no point were the applicants ill-treated. They were dealt with in
accordance with the law and their conditions of detention were acceptable.
73. On 10 December 1993 most of the applicants were brought before
Judge Cafer Sadık Ural and released on bail, with the exception of Mr Elçi,
Mr Acar and Ms Ölmez, who were remanded in custody. However, the
Public Prosecutor of the Diyarbakır State Security Court appealed ex parte
against these releases, whereupon the State Security Court ordered the rearrest of MM. Kurbanoğlu, Beştaş and Erten, who were remanded in custody.
Mr and Mrs Şahin were brought before Judge İsmail Gündez on
21 December 1993 and remanded in custody.
74. As a result of the preliminary investigation, a Public Prosecutor of
the Diyarbakır State Security Court, Mr Ünal Haney, drew up an indictment
dated 22 December 1993 against 23 people, including the applicants in the
present case and certain prison officers, on charges of being members of and
acting for the PKK terrorist organisation. Some of them were accused of
other serious offences, such as helping PKK terrorists procure weapons,
smuggling in and out of prison proscribed materials, such as cyanide or a
knife, and receiving and implementing instructions from the PKK
leadership.
75. On 17 February 1994 all the applicants had their first hearing before
the State Security Court and were released on bail the same day. The
prosecution had three principal witnesses. The main witness was
Abdülhakim Güven, the PKK repented confessor, who confirmed his
allegations against the applicants. A second PKK member, Fatma Demirel,
appeared in court only to retract her previous statement, which she alleged
had been extracted from her under torture. She predictably claimed before
the court that that part of her statement concerning the lawyers' involvement
with the PKK had been drafted by gendarmes who had forced her to sign it
1
20 November 1993 according to the applicant and custody records (cf. paragraph 495
below)