ELCI AND OTHERS v. TURKEY JUDGMENT
102
freezing cold water1. Although Ms Ölmez did not testify before the
Commission Delegates herself, her allegations are corroborated by other
applicants and, in the Court's view, by the clearly ill and exhausted state in
which she appeared on the video cassette recording of her interrogation
presented by the Government (paragraphs 496-497 above). Moreover, the
applicants had maintained their allegations whenever they were able to
make statements freely before the Public Prosecutor, the Investigating Judge
and the Commission Delegates.
641. The Court finds to be credible and consistent the applicants'
testimony about their dire conditions of detention - cold, dark and damp,
with inadequate bedding, food and sanitary facilities - as well as the
allegations made by Şinasi Tur, Sabahattin Acar, Mehmet Selim
Kurbanoğlu, Mesut Beştaş and Vedat Erten that they were insulted,
humiliated, slapped and terrified into signing any document that was put
before them. Furthermore, the Court accepts that at least at crucial moments,
such as during interrogations and the confrontations with Mr Güven, the
applicants were blindfolded2.
642. The collective medical examination of the applicants prior to being
brought before the Public Prosecutor can only be described as superficial
and cursory (paragraphs 284-286 and 291 above). The Court does not
therefore attach great weight to it. In contrast, the medical evidence of the
subsequent pneumonia contracted by Ms Beştaş (paragraph 549 above), and
of the small bruises found on Arif Altinkalem (paragraph 547 above) and
Ms Ölmez (paragraph 548 above), lends some credence to the applicants'
claims.
643. The Government witnesses before the Commission Delegates
constantly denied the applicants' allegations, but in such a strident manner
as to cast doubt on their testimony in the light of the accepted background
knowledge for the period (for example the statements of the European
Committee for the Prevention of Torture - CPT - paragraphs 596-599
1
For Mr Elçi see paragraphs 16, 31, 35, 47-48, 60, 93, 95, 97, 101, 129, 141, 153, 166,
177, 196-197, 228, 254, 261, 505-506, 510, 521 and 538 above; for Mr Çem see
paragraphs 16, 31, 35, 47-48, 60, 97, 129, 141, 153, 165, 177, 196-197, 228, 254, 261, 505506, 510, 521 and 538 above; for Mrs Beştaş see paragraphs 31, 35, 47, 53-54, 60, 129,
141, 153, 166, 191, 194, 228, 254, 261, 505-506, 510, 514, 521 and 539 above; for Ms
Ölmez see paragraphs 31, 47, 60, 69, 96, 141, 153, 166, 197, 228, 254, 505-506, 521, 530
and 539 above.
2
For the conditions of detention, including blindfolding, see paragraphs 17, 21-22, 30, 35,
38-40, 46, 50, 51, 53, 55, 57-59, 61, 65, 67-69, 88, 96, 99, 109, 119, 126, 130, 139-140,
142, 148-150, 154, 164, 170-171, 176, 179, 190-191, 195, 198, 206, 209-210, 212, 223226-228, 239, 244, 252, 254, 258, 313, 333, 507 and 538; for Mr Tur see paragraphs 35,
139-140, 505 and 538 above; for Mr Acar see paragraphs 39, 148-149, 505, 521-522 and
538-539 above; for Mr Kurbanoğlu see paragraphs 51, 176, 181, 520, 538-540 above; for
Mr Beştaş see paragraphs 58, 208, and 538-539 above; and for Mr Erten see paragraphs
60, 223, 225, 227-230, 234, 506, 519, 538-539 and 541 above.