ELCI AND OTHERS v. TURKEY JUDGMENT
10
told to sign the statement and, when he refused, he and Tahir Elçi were
taken to the toilet, stripped naked and tortured with cold pressurised water.
When he could not take any more, the applicant began hitting his head
against the wall. He was then taken out, dressed and placed with his friends.
The next day he was brought before a court. (For further details see the
summary of his oral evidence, §§ 159-172 below.)
7. The case of Mehmet Selim Kurbanoğlu
49. On 20 November 1993 at 7.20 a.m., the applicant was taken into
custody by gendarmes from his home, after it was searched. Nothing was
seized. He believed that his arrest was based on the abstract declarations of
a PKK confessor, Abdülhakim Güven, whom the applicant had met when
visiting clients in prison, and who was seeking to save himself. He also
considered his arrest to have been unlawful, as being contrary to the
safeguards provided by the Law on Advocates (see paragraphs 584-586
below).
50. He was blindfolded and transported to the Diyarbakır provincial
gendarmerie command. He was placed in a crowded, damp corridor near a
toilet where he was required to lie on the cold, concrete floor with only a
blanket. As everyone was blindfolded, he made voice contact with the other
detained lawyers.
51. During the 21 days he was in custody (20 days according to official
records), he alleged that he was punched, slapped, kicked, threatened with
death and kept constantly blindfolded. He was given nothing to eat apart
from half a loaf of bread a day. He was made to sign a fabricated record of
the aforementioned search (which falsely indicated that a PKK note had
been seized), as well as a statement, which he later repudiated before the
Public Prosecutor.
52. On 10 December 1993 he was brought before the Diyarbakır State
Security Court, when he was released. On 15 December 1993 he was rearrested after the Prosecutor's appeal, and remanded in the Diyarbakır Etype prison. (For further details see the summary of his oral evidence, §§
173-187 below.)
8. The case of Meral Daniş Beştaş
53. Mrs Beştaş and her husband were taken into custody during the early
evening of 16 November 1993 when leaving the Diyarbakır State Security
Court. They were transported in a car by people who said they were contraguerillas disguised as officers. During transportation she and her husband
were threatened with death. They were taken to what she later learned was
the Diyarbakır provincial gendarmerie command. She was kept standing,
facing a wall, for a couple of hours and then put in a very cold, dark cell on
her own and given a blanket. Half an hour later she was taken to the