ELCI AND OTHERS v. TURKEY JUDGMENT
18
89. On the second or third day Mr Elçi was taken for interrogation. He
was asked about his dealings with the PKK; when he said he had none, he
was punched very hard.
90. Two days later he was interrogated again. He was confronted with
Abdülhakim Güven, a prisoner and PKK confessor, whom Mr Elçi had
known as a neighbour and fellow student. Mr Güven recounted that Mr Elçi
had acted as a courier for him, taking notes to PKK aids in Cizre. Mr Elçi
vehemently denied the allegations, whereupon he was beaten.
91. The Delegates of the Commission asked Mr Elçi about a statement
made by Mr Güven that he had met a PKK connection called Beriwan at
Mr Elçi's house. Mr Elçi denied this, suggesting that Mr Güven might have
slandered him out of jealousy because of his success as a lawyer, whereas
Mr Güven was a common criminal and murderer.
92. Mr Elçi claimed that two documents purporting to be records of
interviews with him and a confrontation with Mr Güven were complete
fabrications, as shown by the fact that he had not signed them.
93. A few days later he was taken in a vehicle to a field where his
execution was simulated - officials fired a gun about 10 times and ordered
him to talk. Mr Elçi shouted insults in reply. On the way back to the
detention centre, he was again ordered to get out of the vehicle on a gravel
road and a couple of shots were fired. He had been extremely frightened.
94. Three or four days later he was presented to the Public Prosecutor to
whom he recounted his background. However, to avoid any fabrication of
his statement, he refused to sign anything, whereupon he was insulted and
returned to his place of detention.
95. Perhaps a couple of days later, Mr Elçi was to be presented to a
court. He was taken into a room where his blindfold was removed and
placed at a simple table where a bright light was shone in his face. He
refused to sign a statement that was put in front of him, despite efforts to
trick him into doing so. He was then taken to a back room, stripped naked
and hosed down with cold, pressurised water, to the front of his body and
genitals. His testicles were squeezed two or three times and he was freezing,
aggravated by the fact that it was winter.
96. There were other people detained with him, including the applicant
Fuat Hayri Demır, who at one point covered Mr Elçi with his jacket to
protect him from the cold. He heard the applicant Hüsniye Ölmez moaning
and crying. Niyazi Çem also called out to him. Mr Elçi was returned to the
previous detention room where co-detainees said they had signed
documents out of fear.
97. He was subjected to cold water hosing whilst naked on another day,
together with Niyazi Çem, who was screaming. It seemed to last an hour
and a half. Loud nationalistic music was played at the same time. They were
ordered to sign or die. However, neither of them signed any document.
Mr Elçi believed at that stage that he was indeed about to die.