ELCI AND OTHERS v. TURKEY JUDGMENT
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207. At a second interrogation the next day he was accused of helping
the PKK, acting as a courier between prisons, in some of which he had
never set foot, as could be verified from prison visiting records. Similar
accusations were made concerning certain provinces of whose whereabouts
he was unsure. He denied any such involvement.
208. During the three or four interrogations, he was threatened that he
would be tortured - suspension and electric shocks - in front of his wife,
during which both of them would be naked. He was frequently slapped,
kicked and pushed on his way to interrogation and punched a couple of
times during interrogation. On the 24th or 25th day of his detention, he was
taken to sign documents, the contents of which were unknown to him. He
signed out of fear of what might happen to his wife. On his signature he
wrote “IMT”, indicating his refusal.
209. There was a wooden board in his cell. It was dark and cold. He was
taken to the toilet in the morning and evening where there was drinking
water. In the evening he was given a piece of bread. There was so little of it
that he was constipated throughout his detention. He had a stinking half-torn
blanket which was too small to cover himself with, so he wrapped it around
his feet.
210. A couple of days before the end of this detention period, loud
music was played and he heard horrible screaming. He learned afterwards
that probably people had been hosed with cold water.
211. He managed to make his wife aware of his presence in the building
by coughing loudly, to which she replied with a similar cough.
212. He was purportedly confronted with Abdülhakim Güven during his
detention, although he did not see him because of the blindfold. Mr and
Mrs Beştaş had represented his brother. Mr Güven was also a prisoners'
representative and was present during client interviews in the Diyarbakır
prison. Mr Güven had not accused him of anything at that point.
213. Before being brought before the Public Prosecutor he was taken to
a doctor who refused to examine the applicant's lung complaint. He was
only prepared to note visible marks or bruises, of which the applicant
apparently had none.
214. He was video filmed when brought before the Public Prosecutor.
This film was relayed on television.
215. He gave a statement to the Public Prosecutor and Investigating
Judge and told them of his ill-treatment.
216. Before being released he and his colleagues were addressed by
gendarme regiment commander, Eşref Hatipoğlu, who called them “slime”
and warned that he would not forget them. The applicant arrived home
around 1 a.m. on the Friday.
217. After his release he consulted a doctor at the Mardin State Hospital
Emergency Department, who diagnosed pneumonia. He did not recall what
became of the medical certificate which he was given.