ELCI AND OTHERS v. TURKEY JUDGMENT
28
8. Mehmet Selim Kurbanoğlu
173. Mr Kurbanoğlu was born in 1970 and at the material time was a
practising lawyer in Diyarbakır. Most of his cases were before the State
Security Court.
174. On 20 November 1993 at 7.20 a.m. armed men rang at his door. He
opened up and they searched his apartment without introducing themselves.
He was allowed to telephone a cousin, Sadik Ateş, who came over. Nothing
was seized. His cousin countersigned the search report.
175. He was taken into custody, blindfolded, at the Diyarbakır
provincial gendarmerie command where, but a week before, colleagues of
his had also been detained. He was held in a corridor for 21 days (20 days
according to official records). After 2 or 3 days he was taken to another side
of the corridor where there was a blanket on the floor. Around midnight he
was interrogated. He was accused of doing more than just providing legal
representation for PKK people. His interrogators tried intimidating him by
saying he was not being detained in Diyarbakır but in Elazığ where it was
known that the bodies of “disappeared” persons had been found.
176. He was constantly beaten when taken back and forth from
interrogation, always after midnight, 5 or 6 times. He was kept blindfolded
throughout the 21 days without any washing facilities. The corridor was
crowded and he was unable to stretch out his legs. A piece of bread was
given out in the evening, a quarter or half a loaf. In the beginning it was
fresh, but after a few days it was stale and was obviously left-overs. They
were given drinking water once a day and taken to the toilet twice a day. In
case of urgency they would be allowed to go to the toilet. It was cold in
winter, with a fan which made the air even colder. Loud martial music was
played continuously except for a 2 or 3 hour break during the night.
177. Tahir Elçi and Niyazi Çem were held with him. They were taken to
the toilet, from where he heard them screaming and shouting. They were
beaten up and hosed with cold water. Mr Çem returned soaking wet and the
applicant tried to dry his hair for him.
178. He believed that Gazanfer Abbasioğlu and Fuat Hayri Demir
arrived after him and were in cells, as were Şinasi Tur and Arif Altinkalem.
Mr and Mrs Beştaş were detained also.
179. Mr Kurbanoğlu had met Abdülhakim Güven when visiting clients
in the Diyarbakır E-type prison where the latter was the prisoners'
representative. He was confronted with someone purporting to be Mr Güven
during an interrogation, but the applicant was not sure whether it was truly
him due to the blindfold. This person made remarks about the applicant's
associate, Şinasi Tur, but said nothing about the applicant. The applicant
had had no prior knowledge of Mr Tur's purported PKK activities for which
he was subsequently convicted and sentenced. They had just been school
friends and had shared a legal practice together.