ELCI AND OTHERS v. TURKEY JUDGMENT 50 upper part. There was a wooden plank on the floor and a military camp bed. Detainees received the same food as the soldiers, and their needs were catered for. There was fuel central heating which had replaced burning stoves. 25. Ünal Haney 352. Mr Haney was born in 1958 and at the material time was a Public Prosecutor (no. 26050) at the State Security Court. 353. In Diyarbakır it was the Chief Public Prosecutor at the State Security Court who gave orders to detain people. Investigations could be instigated on the basis of verbal instructions; the law did not require a written order. 354. Mr. Haney stated that he had had nothing to do with the apprehension of the present applicants. They were apprehended on the instructions of the Chief Public Prosecutor, Bekir Selçuk, in accordance with Article 104 of the Code of Criminal Procedure. Such instructions could have been given orally. Mr. Haney did not know if the Chief Prosecutor would have kept a note of such oral instructions. 355. The applicants were brought before him on 10 December 1993. He explained the charges against them and asked to hear their defence. He read out their statements as recorded by the gendarmes, listened to their defence and recorded fresh statements. 356. They denied the charges and complained of ill-treatment, all of which was recorded. If there were corroborative evidence of ill-treatment in a file, he would take action. 357. He had been a Prosecutor for some 10 years by then and knew what an ill-treated person would look like. So he considered that the applicants' mere allegations were insufficient to be taken seriously. The bruise found on someone's knee did not indicate torture. 95% of detainees connected with terrorist offences claimed to have been tortured. It was a mere defence tactic. He never came across a case which required further action from him because of alleged ill-treatment. Anyway, it was not his duty to investigate allegations of torture, being a State Security Court Prosecutor, and the applicants, all lawyers, could have filed complaints in the normal courts. 358. Mr Haney had drawn up the indictment in the applicants' case based on Abdülhakim Güven's considerable evidence, and the incriminating documents about the PKK found in the offices of nine of the lawyers. 359. The search of Tahir Elçi's office revealed a note addressed to “Comrade Tahir Elçi”, bearing the stamp “ERNK” (the political wing of the PKK) and sent to him by the PKK. A note addressed “to the office of the co-ordinator of the Amed State (Amed being the PKK's name for Diyarbakır) was found in Vedat Erten's possession. It was a note written to PKK members in the mountains and who were active in the area. A note