ELCI AND OTHERS v. TURKEY JUDGMENT
42
systematic ill-treatment. Five or six people had said they had breathing
difficulties. He began examining one or two of them with a stethoscope,
whereupon the others decided not to be examined and withdrew their
complaints.
286. They were all examined stripped to the waist. They were asked
whether they had any marks on their bodies and they were told that, if there
were, he would make a detailed examination. Apart from the bruised knee
mentioned above, no one complained of any visible marks, although they all
said they had been beaten. He saw no such marks himself. It was rare that
he was presented with such a case and, when he was, he recorded it. The
same day he re-examined Hüsniye Ölmez and Meral Daniş Beştaş who
complained that they had been struck on their buttocks, but Dr Eğilmez
found no marks.
287. He acknowledged certifying three days later, on 13 December
1993, two bruises on the lower knee of Hüsniye Ölmez. It had escaped his
attention in the two earlier examinations because it was not shown to him.
Sometimes ladies are reluctant to reveal parts of their bodies.
288. Hüsniye Ölmez had been examined on the 13 December 1993 in
the company of Meral Daniş Beştaş. There were no marks on the latter.
Another doctor had certified that Mrs Beştaş was suffering from pneumonia,
which she had not mentioned to Dr Eğilmez on 10 December 1993. At that
stage one would have expected her to show a fever, coughing and phlegm.
However, she made no complaint.
289. Pneumonia is not a traumatic lesion. It can be contracted after
catching cold and is often preceded by bronchitis. It would take about a
week to develop and would induce fever. An x-ray would be needed to
establish the condition and hospital treatment would also normally be
required.
290. Dr Eğilmez could not remember how the applicants looked whether the men were clean-shaven, unwashed or the like. He did
remember, however, that they did not look tired, worn out or feverish.
291. As a forensic doctor his task was to record findings, not to take a
patient's medical history or make a clinical examination. This is why he did
not note people's general complaints and why he would only record visible
marks.
292. If a man had had his testicles squeezed and had complained to him
of that fact, Dr Eğilmez would have expected to see sensitivity in the genital
area, reddening and swelling. None of the male lawyers complained of this,
and he would not have examined genitalia unless asked to do so by a
complainant.
293. The first question addressed in such examinations was whether
there were any signs of blows, force or violence. However, if the individual
was found to be suffering from an illness, such as a fever or heart condition,
he would have noted the need for follow-up treatment in his report.