ELCI AND OTHERS v. TURKEY JUDGMENT
19
98. Mr Elçi had only met Mr Çem when they had been detained
together. The latter had been brought from İstanbul. Mr Elçi was not in
custody at the same time as Mr and Mrs Şahin, who were also brought from
İstanbul.
99. During his detention, Mr Elçi received generally only one piece of
bread a day and was taken to the toilet twice a day. Despite the bitter winter
cold, he was given no blanket. He sat on concrete in his own clothes. Some
of the other detainees had a thin smelly blanket.
100. Mr Elçi had not been seen by a doctor when he was first detained.
He was presented to a doctor on 10 December 1993, when he was taken to
the Public Prosecutor. Apart from asking him whether he had any ailments,
this doctor did not examine him, and Mr Elçi did not mention the illtreatment, in order not to prolong his detention any longer. Anyway, he had
no corroborating injuries on his body as far as he knew then.
101. Mr Elçi told the Public Prosecutor and the Diyarbakır State
Security Court about the ill-treatment to which he had been subjected, but
his impression was that he was not taken seriously. In the statement to the
Prosecutor he was recorded as having complained of having been left naked
with cold water being poured on him, of torture by electricity and of having
had his testicles squeezed. However the electricity claim was incorrect. He
had signed his statement to the Public Prosecutor without reading it over, as
nothing detrimental had been said about him. From 10 December 1993 to 17
February 1994, Mr Elçi was detained on remand without further illtreatment. On the latter date, he was discharged after recounting to the court
his allegations of ill-treatment, and nothing had happened since, although
the prosecution against him was still pending. At first he was accused of
being a member of an illegal organisation, modified later to assisting
members of that organisation.
102. Some time in 1995 or 1996, Mr Elçi was summoned by the police
headquarters in Diyarbakır to give a statement about the treatment to which
he had been subjected in Cizre. Some three years later, he was required by
the prosecution office to undergo a medical examination which, naturally,
disclosed nothing so long after the events. However, he repeated his earlier
allegations. In the summer of 1998 he was informed that the Administrative
Council of Cizre had decided not to pursue criminal proceedings against any
of the Cizre officials allegedly involved in the matter. Mr Elçi objected to
that decision but did not know what the outcome of that had been.
2. İmam Şahin
103. Mr Şahin was born in 1958 and was a practising lawyer in İstanbul
at the material time.
104. On 7 December 1993, whilst the applicant was waiting to plead a
case in the İstanbul State Security Court, he was taken into custody by