ELCI AND OTHERS v. TURKEY JUDGMENT
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which false allegations were made of torture being used against people,
even lawyers.
451. Mrs Şahin was further recorded as having said that she was a PKK
sympathiser as her husband was Kurdish and gave assistance to the PKK.
She acted as a PKK courier between prisons and PKK prisoners. She took
part in the successful campaign to close down the Eskişehir Prison. She and
her spouse had connections with PKK activities in Europe.
452. On one occasion she believed she had transported documents and
hand grenades for the PKK from Diyarbakır to İstanbul. Two people picked
them up from her house. They stayed two days and then were taken away by
Niyazi Çem. One of these people was a woman called Beriwan. Other
lawyers working for the PKK were MM. Elçi, Acar, Tur, Erten, Çem,
Beştaş, Demırhan and Demir, and Mrs Beştaş.
d) Nevzat Kaya
(Statement dated 6 December 1993 and signed)
453. Mr Kaya was recorded as stating that he had met members of the
PKK for the first time in 1990. A young man came to his office saying that
he was a PKK member and the “ERNK” leader in Diyarbakır. Mr Kaya was
asked to help by acting as a PKK defence lawyer for a small fee. Mr Kaya
was anyway charging low fees at that time. A week later he took a sealed
envelope from this person to a client of his who was detained on remand at
the Diyarbakır E-type prison. He acted as a courier between members, such
as Abdülhakim Güven, in different prisons. On one occasion he brought
many T-shirts, pyjamas, jackets and shirts for the PKK prisoners, together
with pamphlets. He sent a fax on behalf of a representative called R.A. from
the Diyarbakır Human Rights Association to the European Human Rights
Association. He also smuggled audio-cassettes for this person. Almost all
the lawyers were engaged in such activities, including all the applicants in
the present case, whom he cited.
e) Şinasi Tur
(Statement dated 8 December 1993 and signed)
454. Mr Tur was recorded as saying that he had been imprisoned in 1993
when he underwent a high-level training course, after having made a
“statement of self-criticism”. Before his imprisonment, he had had contacts
with PKK leaders in the Gap district and the mountains, and had acted as a
courier to such prisoners as Abdülhakim Güven, using cigarette packets,
address books, diaries and the like. He had harboured a dying PKK member
at a relative's house and, with the help of Selim Kurbanoğlu, delivered the
body to a specific place in November or December 1992. Mr Tur cited
various lawyers involved in similar activities, including all the applicants.