ELCI AND OTHERS v. TURKEY JUDGMENT
16
(paragraph 533 below). The evidence of a third informer was deemed
inadequate.
76. Other evidence against the applicants consisted of their statements at
the gendarmerie command, which they subsequently repudiated as having
been made under duress. The State Security Court reserved the issue of the
admissibility of those statements. The remaining evidence comprised
incriminating documents such as PKK notes, receipts and newsletters,
which the applicants alleged had been fabricated.
77. On 22 February 2001 the State Security Court suspended the
proceedings for 5 years, to be taken up again should any of the applicants
commit an offence of the same or more serious kind during that time;
otherwise they would be definitively closed (see Law No. 4616 on
conditional release, the suspension of proceedings or the execution of
sentences in respect of crimes committed before 23 April 1999, paragraph
573 below).
C. The oral evidence
78. Three Delegates of the European Commission of Human Rights took
evidence in Ankara between 7 and 11 December 1998. The applicants, with
the exception of Hüsniye Ölmez, appeared before the Delegates, as did
several Government witnesses. The applicants' representatives stated that
Ms Ölmez maintained her application even though she did not testify for
fear of having to re-live the events and because she was pregnant at the
time. The oral evidence may be summarised as follows:
1. Tahir Elçi
79. Mr Elçi was born in 1966. At the material time he was a practising
lawyer in Cizre, but was now working in Diyarbakır.
80. In 1993 there had been some 10 practising lawyers in Cizre. He
himself was registered at the Cizre Bar and handled different types of
criminal cases. However, many people were taken into custody at that time
and the applicant found himself more and more defending people before the
Diyarbakır State Security Court.
81. On 23 November 1993 he was in his Cizre office at around 8.30 a.m.
preparing a case with a client. Suddenly two armed officials entered his
office and demanded that he accompany them to the Cizre police station.
Two other officials waited outside. He was taken to the Cizre police
headquarters, and his car was removed.
82. After waiting there for some time, Mr Elçi was taken back to his
office by several other officials (requiring 2 or 3 vehicles). His office was
searched. All his belongings were put in sacks, including many case files,
notebooks, books (except legal text books), newspapers, magazines, an