ELCI AND OTHERS v. TURKEY JUDGMENT
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sided with the victims of violated rights. Lawyers were unlawfully detained,
tortured, arrested and prosecuted on the basis of fabricated evidence. Some
of the lawyers were convicted of offences. Others' trials were still pending.
The applicants' “collective case” was referred to.
b) The opinion of Mehmet Nur Terzi, an Izmir lawyer, on Articles 58 and
59 of Law No. 1136 on Advocates
555. Mr Terzi confirmed the opinion of Prosecutor Ünal Haney that the
protection afforded to lawyers as to their arrest, detention and interrogation
(requiring the authority and / or presence of a Public Prosecutor) was
overridden at the time by Law No. 2845 on the establishment and judicial
practice of the State Security Courts in respect of suspected terrorist
offences (see paragraph 363 above). The rationale for this was that crimes
which fell within the remit of the State Security Courts were crimes against
the State and therefore could have nothing to do with lawyers' professional
duties, and were personal crimes.
556. However, circulars issued by the Ministry of Justice affirmed that
such cases should still be investigated by the State Prosecutors, not the
security forces. The fact that these compulsory directives were not followed
in certain provinces led to a protest from many legal institutions,
particularly the Bar Associations.
c) Extracts from the official Susurluk report on unknown perpetrator
killings1
557. Reference was made in this report to a certain Mahmut Yıldırım
(code name “Yeşil”) who at one time was assigned to the Diyarbakır
gendarmerie command. He was responsible for several murders of PKK
members, the extortion of money and illegal interrogations which, if
unsuccessful, resulted in the disappearance of the person concerned. In
effect, he led a “death squad”, which went unpunished.
d) Statement of the Minister of Justice, Mr Kazan, reported in the daily
newspaper “Sabah” on 14 November 1996, concerning the allegedly
unethical practices of certain lawyers
558. The Minister was reported as saying that around 300 lawyers within
the Diyarbakır Human Rights Association, receiving money from abroad,
1
See also Akkoç v. Turkey, judgment of 10 October 2000, nos. 22947/93
and 22948/93, §§ 37-40, ECHR 2000-X.