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 If not, it would have been archived at the district police headquarters in the individual's file.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

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