ELCI AND OTHERS v. TURKEY JUDGMENT
29
180. Later an interrogator told Mr Kurbanoğlu that Mr Güven had
alleged that the applicant had acted as a PKK courier. Mr Kurbanoğlu
denied this.
181. He signed certain statements, including a second fabricated search
report, after being beaten and threatened with death. He was punched,
slapped and kicked, with blows to his whole body. However, he was never
stripped naked or doused with cold water like some of the other lawyers.
182. Prior to being presented to the Public Prosecutor, Mr Kurbanoğlu
was seen by a doctor, to whom he recounted the beatings. However, nothing
was noted as he had no corroborating marks on his body.
183. Before the Public Prosecutor, he denied Mr Güven's allegations and
that any incriminating document had been seized at his home. No such
document had been openly put to him during his interrogation.
184. Neither the Prosecutor, nor subsequently the Investigating Judge,
commented on or recorded the applicant's account of torture.
185. Before being released on 10 December 1993, he and his colleagues
were addressed by a plain-clothed officer who warned them that they were
still under surveillance. Eventually he was released around 1 a.m.
186. Four days later the Public Prosecutor filed an ex parte objection to
the applicant's release, as a result of which he was arrested on 20 December
1993 and detained for a night at police headquarters. Then he was
transferred to the Diyarbakır E-type prison. Some 9 or 10 days later he and
other lawyers were transferred to Mardin prison. He saw a doctor there
about a chill he had caught and internal problems.
187. Criminal proceedings were still pending against him.
9. Meral Daniş Beştaş
188. Mrs Beştaş was born in 1967 and was a practising lawyer in
Diyarbakır at the material time.
189. On 16 November 1993 around 5 or 6 p.m., when the State Security
Court was closing down for the day, the applicant and her husband were
stopped by four plain-clothed officials when they were leaving the court
building. Her husband was told he was to be detained and interrogated and
he gave her his personal belongings, whereupon she was told that she was
also to be detained. Baki Demırhan and Arif Altinkalem had been detained
at the same time. They gave their personal belongings to another colleague,
F.L., who was with Gazanfer Abbasioğlu. They were blindfolded and there
was talk of taking them to Silvan or Elazığ where the bodies of murdered
persons had been found lately.
190. They were driven around, then taken into a building, separated, and
left waiting, standing with their blindfolded faces to the wall for a couple of
hours. Mrs Beştaş was then taken to a small room where she was ordered to