ELCI AND OTHERS v. TURKEY JUDGMENT
55
was not held in the detention room as he was a well-known lawyer. He did
not see Mr Elçi after he had been handed over to the gendarmes.
30. Ali Kara
394. Mr Kara was born in 1967 and at the material time was the head of
the Cizre district anti-terror department of the Şırnak police headquarters.
395. Mr Elçi was apprehended and his office searched following a fax
from the Diyarbakır gendarmerie command headquarters in connection with
alleged offences arising from the statement of Abdülhakim Güven. However
Mr Kara did not recollect clearly whether Mr Güven's name had been cited
in that fax. It appears that Mr Elçi was told this. According to new human
rights rules, when someone was apprehended he was told of the offence of
which he was accused. The Public Prosecutor may have been informed
verbally as a matter of urgency.
396. Objects and documents that might have involved an offence would
have been seized. If the location were unsuitable, the record would have
been drawn up at headquarters, with the detainee's consent.
397. It was a sensitive matter to search a lawyer's office. Mr Kara did
not know about confidential lawyer/client matters but, anyway, he did not
examine the seized documents. He could not recall the signatures on various
documents, but their identity could be established by the directorate general.
All the documents and objects seized in Mr Elçi's office and home,
including his 68 case files, were handed over to the Cizre district
gendarmerie command. Mr Kara did not know anything about their return.
398. The document bearing the “ERNK” stamp was found in Mr Elçi's
diary which he had on his person. Mr Kara's signature appeared on the
faxed confiscation report which mentioned this document. As a rule,
documents were handed over with the individual, but perhaps this one was
overlooked at the time. The original would have been sent to court, if
requested. If not, it would have been archived at the district police
headquarters in the individual's file. Mr Kara had no explanation for the
existence of two confiscation reports, one more detailed, but both with the
hour 12h.00, 23 November 1993, on them.
399. The officers making the final delivery report must have forgotten to
recover the significant “ERNK” document. Mr Kara did not have an
explanation for the discrepancy of 67 case files seized in one report and 68
case files in another. Nor he could explain why the delivery report referred
to the Commission case file of Süleyman Kutluk but not the confiscation
report that he had signed.
400. Mr Kara had no knowledge of the systematic use of code-names by
the PKK whereas the “ERNK” document referred directly to “Comrade
Tahir Elçi”. Nor did he know why Mr Elçi would be carrying such a