ELCI AND OTHERS v. TURKEY JUDGMENT
20
policemen from the İstanbul Anti-Terror Department. From there, the
applicant was taken to his home, where his wife was waiting, and a search
was made. Both were taken back to the Anti-Terror Department before their
children came home from school, so a neighbour agreed to look after them.
105. The officials were unable to explain why the couple had been
detained, other than saying that they were acting on the instructions of the
Diyarbakır gendarmerie. Mr and Mrs Şahin were kept together in the same
cell until around 11 a.m. Two or three officers from Diyarbakir arrived and
Mr Şahin was taken to a Turkish Airlines office where he paid for
everyone's tickets to Diyarbakır, for which destination they left at 7 a.m. on
11 December 1993.
106. At Diyarbakır airport they were handed over to other officers and
taken in a minibus, with their heads covered, to what he later learnt was the
Diyarbakır provincial gendarmerie command.
107. Mr Şahin was not told about the charges against him. During
interrogation he was accused of being involved in the closure of Eskişehir
Prison, of being a PKK courier between various prisons, in some of which
he had never set foot, and of denigrating Turkey. He acknowledged
involvement in the campaign to close Eskişehir Prison.
108. He was asked questions about Abdülhakim Güven, whom he had
never met directly. It was alleged that Mr Güven had used him as a courier.
He and his wife were accused of defending left-wing and PKK cases.
109. It was five days later, when he was presented to the Diyarbakır
State Security Court, that he was informed that Mr Güven had made formal
allegations against him. He was not confronted with Mr Güven during his
detention as far as he was aware, having been blindfolded throughout.
110. Mr Şahin had not made any applications outside Turkey on behalf
of any of his clients. He had contacted the Human Rights Association and
similar institutions about the allegedly inhuman conditions in the cell
system at Eskişehir prison. He had not filed any applications for clients to
the European Commission of Human Rights.
111. He had signed a confrontation record and statement which he
subsequently disavowed, as the signature had been made under pressure
after being tortured.
112. He was taken before an Investigating Judge who apologised for
having to arrest him and his wife despite the two children, but he had been
ordered to do so by his “chief”.
113. Mr Şahin was released on 17 February 1994, together with his wife.
It took him two and a half years to recover from the experience and before
he could resume his legal practice in İstanbul. In the meantime he
performed his military service. He had no clients left when he started work
again.