ELCI AND OTHERS v. TURKEY JUDGMENT
22
Europe would have submitted to the European Commission of Human
Rights. She also actively campaigned in Turkey against unlawful events and
had spoken to foreign human rights delegations who had visited Turkey.
122. Prior to her arrest, she had visited a prison in Diyarbakır where she
researched an article for “Özgür Gündem”, and had acted as the newspaper's
representative in a civil defamation claim. During that visit, Abdülhakim
Güven had been in the room. She had not taken up the defence of any PKK
prisoners.
4. Nevzat Kaya
123. Mr Kaya was born in 1961 and at the material time was a practising
lawyer in Diyarbakır.
124. On 18 November 1993 at about 3 or 4 p.m., three plain-clothed
policemen went to the applicant's office which they searched even though
they did not have the proper authorisation from the Public Prosecutor
pursuant to Articles 58 and 59 of the Law on Advocates.They had had
Mr Kaya's agreement. A record of the search was drawn up, which he
signed. Nothing was seized.
125. He was then taken into custody at the Diyarbakır provincial
gendarmerie command without any reasons being given. Prior to that time,
he knew that other colleagues of his had been taken into custody by the
JITEM, but he was detained by the police, so he made no connection with
the previous events. On arrival at the police station he was told that he had
been detained on the JITEM's instructions. His personal belongings were
removed and he was taken for a medical examination before being handed
over to JITEM officers at the hospital.
126. During interrogation he was told that he had PKK connections,
about which he was asked. It was said that he was a PKK lawyer. He was
confronted with someone purporting to be Abdülhakim Güven. The
applicant did not see him because of a double blindfold. He had met
Mr Güven when interviewing clients in Diyarbakır prison, at which
interviews the former had been present as a prisoners' representative.
127. Mr Güven accused him of recruiting lawyers for the PKK, which
Mr Kaya denied. According to a written statement by Mr Güven, not put to
the applicant orally during the interrogation, Mr Kaya was accused of
having acted as a courier between Mardin and Gaziantep prisons. However,
Mr Kaya had never set foot in the latter establishment, and he denied the
allegation.
128. Mr Kaya signed statements at the end of his interrogations after
having been intimidated by harassment, kicking and beatings, and the fear
of being left a cripple.
129. Among his co-detainees, the applicant saw that Tahir Elçi had been
beaten up and was in acute pain. Meral Daniş Beştaş was moaning and