ELCI AND OTHERS v. TURKEY JUDGMENT
4
14. He alleged that he was ill-treated by the Cizre police. He was
stripped naked, insulted, threatened and beaten up. His testicles were
squeezed and cold water was poured on him. This lasted about an hour.
Then they took the applicant to the Cizre district gendarmerie command
where he was kept, blindfolded, for a couple of days in a basement.
Thereafter he was handed over to the Diyarbakır provincial gendarmerie
command.
15. On 25 November 1993 the applicant's brothers were informed by the
prosecuting authorities and a captain of the gendarmerie that he had been
taken into detention on 24 November.
16. The applicant was detained in Diyarbakır incommunicado until his
formal remand in custody on 10 December 1993. He alleged that during this
first period of detention he was interrogated under torture concerning and
because of applications he had filed on behalf of clients with the
Commission. Correspondence and documentation relating to those
applications were put to him by his interrogators. He was supposed to
confess to having relations with the PKK and being a PKK courier. When
he refused he was tortured. The interrogators assaulted and abused him,
particularly concerning one of the cases he had taken to the Commission
involving events at the Ormaniçi village. He was stripped and left naked. He
was threatened with death should he pursue claims of village evacuations
and disappearances. At one point he was taken to the countryside in a
military vehicle and told that he was to be killed. However, he refused to
sign any confession statement, even after being hosed down with cold water
(as was Niyazi Çem) and having had his testicles squeezed.
17. In the gendarmerie command he was forced to lie on a concrete
floor, blindfolded, being forbidden to speak to others or to stand up. Within
a 24 hour period he received a stale slice of bread and was taken to the toilet
twice. A request for other needs to be met was an excuse for further torture
sessions.
18. He was brought before a Prosecutor on 10 December 1993, where
charges based on the allegations of a certain Abdülhakim Güven, a PKK
confessor benefiting from the Remorse Law, were put to him. It was
incorrectly alleged that an illegal magazine and document had been found in
his office. His brother, Ömer, who had also been present during the search
and had counter-signed the search report, could confirm this error, as could
his other brother, Mehmet, who had also been present during the search (see
paragraph 480 below). A false search report (a faxed not an original copy)
supplanted the genuine version in the domestic court file.
19. The applicant was remanded in custody by a judge from 10
December 1993 until 17 February 1994, when he was released after a
hearing before the State Security Court. Despite repeated requests from his
legal representatives, his case files and Commission correspondence were
allegedly never returned to him. His legal practice was irreparably damaged