ELCI AND OTHERS v. TURKEY JUDGMENT
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had been contacting citizens in the Emergency Rule Region and convincing
them to sign and finger print blank sheets of paper.
e) Extract of the report dated 7 November 1996 by the Lawyers'
Committee (USA) on an exchange with the Chief State Security Court
Prosecutor, Bekir Selçuk
559. Mr Selçuk was reported as saying, as regards incommunicado
detention in contravention of international norms, “I have my own
objectives, and if the European Convention conflicts with them, it must take
second place.”
f) Preliminary report of a European Lawyer's Committee for Human Rights
dated 7 November 1996
560. Members of this Committee held a 16-day inquiry in Turkey in
1996, out of concern for allegations of hostility from the Turkish authorities
to Turkish lawyers engaged in the promotion of human rights. The pressures
on lawyers were such that very few practitioners were prepared to take on
State Security Court cases, particularly in the South East of the country.
Nezmattullah Gündüz, a former President of the Diyarbakır Bar Association
told the Committee that, “No one can fulfil his duties as a lawyer in these
cases... The work is a kind of slow suicide”.
561. In contrast, in two interviews with the Diyarbakır Chief State
Security Prosecutor, Bekir Selçuk, the latter maintained that there were no
cases where lawyers had been prosecuted for defending terrorists. Rather
they were prosecuted for having organic links with the PKK. In no way
were lawyers sanctioned for their contacts with the European Commission
of Human Rights.
562. The Committee expressed concern about the practice of prolonged
incommunicado pre-trial detention in State Security Court proceedings.
Such detention was devoid of essential safeguards, in particular prompt
access to legal advice and judicial supervision of the detention of suspects
and, thus, there was an enhanced possibility of torture with impunity.
g) The Report of the United Nations Special Rapporteur on Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment 1993
563. This report referred to allegations that no judicial or disciplinary
proceedings appeared to have been taken against officials accused of
unlawful practices, and listed examples of pressure being brought to bear on
doctors to issue misleading reports and to note complaints perfunctorily if
any investigations into such matters were commenced.