ELCI AND OTHERS v. TURKEY JUDGMENT
106
applicants also referred to the unresolved murder of 6 lawyers between 1993
and1995, as well as the criminal prosecution of 48 lawyers practising in
defence work (cf. paragraph 554 above). Mr Hatipoğlu's oral evidence to the
Delegates showed general hostility and bias in the matter, as well as his
obvious attempt to intimidate the applicants on 10 December 1993. The
evidence also showed that incriminating documents had been fabricated to
use as evidence against the applicants, in contrast to the genuine search
records, seen and signed by the applicants, which had made no mention of
such material.
657. False confrontation records and statements were similarly
fabricated, using standard formulae. However, Mr Güven was unable to
confirm the accuracy of the contents of the confrontation records, other than
what he himself had stated. Moreover, Mr Özer, who had not been present
at any of the confrontations, thought nothing of signing such a document as
it bore no other official's signature (paragraphs 367-368 above). Attempts
were made to force the applicants to sign false statements and records after
ill-treatment and torture. A number of applicants were expressly threatened
by Mr Hatipoğlu at the end of their detention, and Prosecutor Haney
manifested no interest in any matter which might have shown that the
criminal allegations against the applicants were unfounded.
658. In the applicants' view, these and other elements clearly
demonstrated the authorities' bad faith.
659. The applicants added a complaint under Article 5 § 2 of the
Convention that they were not informed promptly of the reasons for their
arrest. (Article 5 § 2 requires that detainees be informed promptly of the
reasons for their arrest.)
2. The Government
660. The Government denied that the applicants were detained
unlawfully or arbitrarily. They were detained and indicted on 22 December
1993 for being members of the PKK. They were accused, inter alia, of
acting as couriers between the PKK and prisons, smuggling into prisons
cyanide, heroin and a knife, harbouring PKK members and the like, contrary
to Article 168 of the Criminal Code and Article 5 of the Law on the
Prevention of Terrorism. Safeguards existed against arbitrary detention by
way of the controls operated by the Public Prosecutor over the police and
gendarmerie, and the possibility of testing the lawfulness of detention in the
proceedings before the State Security Court.
661. Insofar as the security forces had departed from the requirements of
Articles 58 and 59 of Law No. 1136 on Advocates, the Government
submitted that these provisions were overridden by the state of emergency
laws and Law No. 2845 on the establishment and judicial practice of the
State Security Courts. The prosecution of the terrorist-related charges
against the applicants fell within the jurisdiction of the State Security