ELCI AND OTHERS v. TURKEY JUDGMENT
44
some 50 US dollars, for his personal needs. Mr Güven did not enrich
himself by his confession; he only received bare subsistence from the State.
304. The gendarmerie had its own intelligence too. Following a rural
operation and a skirmish, a PKK shelter was captured which contained
archives, including a list of 8 people to be killed. His own name was at the
top of that list. It was said to have been smuggled out of prison in a fountain
pen carried by a lawyer. Lawyers were serving as couriers for the PKK, but
did not confess to this in order to protect themselves from a ruthless PKK
reaction.
305. As the person responsible for law and order in that region, he had
been the person most responsible for the decision to detain the applicants.
However, before the decision could be implemented it was necessary to
notify the Regional Commander, as his superior, the Regional Governor and
the Chief Prosecutor. The actual decision to detain had to be taken by the
Prosecutor. There was only a single decision taken to detain all the
applicants, although they could not all necessarily be taken into custody at
the same time.
306. The detention centre at the time could hold 20 people (later reduced
to 10 on the recommendation of the CPT). He denied that 45 people would
have been held there, as might have been suggested by the number of names
in the custody ledger. One person was held in each cell, according to the
rules, so that they could not communicate with each other and co-ordinate
their stories. When there were too many arrivals to accommodate all the
detainees in the detention centre, other places of custody - at the central
gendarme station, the provincial gendarmerie regiment or the police
headquarters - would be used, but this would be recorded in the custody
ledger.
307. He denied the possibility that people had slept in a corridor. His
staff were instructed to treat detainees warmly and humanely. There was no
hostility towards the applicants. Inhuman treatment was impossible.
308. Each cell had a collapsible camp bed, with a wooden floor. A
blanket was given to each detainee. The cells were not dark although, on the
CPT's recommendations, lighting and ventilation were later improved. At
the end of the stairs there was a toilet and bathroom. There was a hot water
heater in there now; he could not remember if it had been installed at the
time. When a detainee needed to use the toilet, he would be escorted there.
There was heating in the corridor which was sufficient. There were no
women guards or separate facilities for women.
309. Three meals a day were served: a bread breakfast, a light lunch at
noon consisting mostly of bread, and in the evening detainees were served
the same meals as the soldiers, with not less than 3 dishes. Water was freely
available.