ELCI AND OTHERS v. TURKEY JUDGMENT
35
233. Mr Erten told the Public Prosecutor, and subsequently the
Investigating Judge, that he had been tortured and that the statements had
been signed under duress. He told the Judge that he had resisted pressure
from Abdülhakim Güven to act as a courier. The Judge released him.
However he was kept blindfolded and returned with his colleagues to the
interrogation centre. He was convinced they were going to be killed. Instead
they were addressed by an officer who uttered warnings. He was released on
10 December 1993.
234. The Public Prosecutor lodged an ex parte objection to Mr Erten's
release. Consequently, he was taken back to court a couple of days later and
remanded in custody at the Diyarbakır E-Type prison. He was again
presented to the court on 17 February 1994 and released. He told the court
that he had been tortured and that the statements which he had signed were
false. He denied the charges made against him.
12. Baki Demırham
235. Mr Demırham was born in 1966 and was a practising lawyer in
Diyarbakır at the material time.
236. On coming out of the Diyarbakır State Security Court on 16
November 1993, he and Arif Altinkalem were stopped by members of the
security forces who they guessed were from the JITEM. On disclosing their
identities they were put in a car where they waited while a similar procedure
was performed in respect of Mr and Mrs Beştaş. They were taken to the
Diyarbakır provincial gendarmerie command, blindfolded. The applicant
and Mesut Beştaş were put in cells on the upper floor, where he was held for
26 days (24 days according to official records).
237. He had anticipated his arrest as several of his colleagues had been
detained the day before. On the first night he was taken for interrogation. In
general he was made aware that the PKK confessor, Abdülhakim Güven,
had alleged that he was in league with PKK prisoners, had acted as a courier
for them, and had smuggled unlawful materials into prisons, e.g. a flick
knife. The applicant denied the allegations.
238. The applicant's brother had been detained in the same prison as
Mr Güven. Mr Güven also attended all interviews with clients. The
applicant's brother said he had been under pressure to join the PKK and
Mr Güven had told the applicant that his brother had not kept his promises.
239. The applicant was confronted, blindfolded, with Mr Güven. He
signed certain statements, the contents of which he did not know, because of
the psychological pressure brought to bear on him. During interrogation no
mention was made of European human rights associations. He had assisted
the Diyarbakır Human Rights Association prepare papers for clients. He
was unaware of what the European reference could mean. He himself had