ELCI AND OTHERS v. TURKEY JUDGMENT
36
never filed a petition for a client with the European Commission of Human
Rights.
13. Arif Altinkalem
240. Mr Altinkalem was born in 1965 and was a practising lawyer in
Diyarbakır at the material time.
241. He gave a similar account of his detention on 16 November 1993 as
Mr Demırham (paragraph 236 above).
242. In the Diyarbakır provincial gendarmerie command he was made to
crouch down, face to the wall, in a corridor. After an hour or two he was put
in a cell. He did not know if he had been detained by the JITEM or the antiterror department of the police. He was not told of the reasons for his
detention even when he asked for explanations.
243. He was not taken for interrogation for one or two days. When he
was interrogated, he was questioned about the cases he had defended before
the State Security Court and asked if he had been paid. The implication was
that there was a link between his cases and the PKK. He was accused of
assisting PKK detainees by acting as a courier and not charging fees for his
work. He was told that the PKK confessor, Abdülhakim Güven, had made
certain allegations about him and other local lawyers. Mr Güven had been
the prisoners' representative and attended the consultations he had had with
his clients at the Diyarbakır E-Type prison.
244. He was confronted with someone purporting to be Mr Güven, but
did not recognise him due to the blindfold. Mr Güven implied that the
applicant's legal work made him a possible PKK sympathiser but no specific
allegation was formulated. r Güven acknowledged that he had not given the
applicant any notes to pass on as a courier.
245. He signed various statements. Being under physical and
psychological duress, he was unaware of the contents of the statements
except for a report which was headed “ERNK Receipt”, being evidence of
financial assistance to the PKK, which document he had never possessed.
246. A medical certificate dated 10 December 1993 recorded that he
bore marks of blows and violence on his body. He saw the doctor before
being brought before the State Security Court and released. Once formally
released, he and his colleagues were subjected to a warning speech by a
gendarme.
247. The applicant discovered later that his name had never been
mentioned in any of Mr Güven's earlier statements to the police. Afterwards
he thought that he must have been detained because of his membership of
the Human Rights Association and his assistance in preparing cases to the
European Commission of Human Rights.
248. He stayed out of Diyarbakır for the next few months as there was
an in absentia arrest warrant issued against him.