ELCI AND OTHERS v. TURKEY JUDGMENT
24
139. Mr Tur was kept in a cell 2 x 1 metres. When in the cell, he was
able to remove his blindfold. He received about a quarter of a loaf of bread a
day and, as far as he could remember, he was taken to the toilet once every
24 hours. Drinking water was not readily available. He was forbidden to
speak to other co-detainees. Those who disobeyed were severely beaten,
insulted and tortured.
140. He claimed to have been severely beaten, insulted and threatened
with execution. He was deprived of sleep due to very loud music being
played all the time. He had been blindfolded throughout and had signed
statements 25 days later under duress. He repudiated the contents of those
statements.
141. Tahir Elçi, Hüsniye Ölmez and Meral Daniş Beştaş (and possibly
Niyazi Çem) were also tortured, particularly with cold water hosing, which
he heard being used on them in the toilet area. He recognised their voices, as
he knew them well. They lost weight and their overall demeanour
deteriorated as a result.
142. The officers who escorted them to interrogation were not the same
as those who performed the interrogation. As far as he could tell, being
blindfolded, 3 or 4 people conducted his interrogation.
143. Mr Tur was taken to a doctor at the end of the custody period but,
as he showed no visible marks of torture, the doctor said he was unable to
record anything. He nevertheless related his complaints of torture to the
doctor, the Public Prosecutor and the Investigating Judge.
144. Before being released, he and some of his colleagues were
addressed by a Diyarbakır regiment commander who warned them that the
case was not closed and they would still be followed.
145. Mr Tur had been detained three times previously in connection with
the PKK activities of his brother, Cesur Tur. His brother was killed in a
clash in 1992. The applicant was convicted and sentenced to imprisonment
twice for assisting and harbouring the PKK. This background might have
explained his detention in December 1993. At the time of his appearance
before the Delegates, he was serving a 6 year prison sentence for PKK
related offences.
6. Sabahattin Acar
146. Mr Acar was born in 1964 and at the material time was a practising
lawyer in Diyarbakır. His work involved both civil and criminal cases,
including State Security Court defendants. He had visited some clients in
the various regional prisons.
147. Around 9.15 p.m. on 15 November 1993 some 15 policemen,
gendarmes and members of a special team went to the applicant's house and
made a three hour search, without asking his permission and without any
explanations. All his personal correspondence, articles and reports which he