ELCI AND OTHERS v. TURKEY JUDGMENT 3 THE FACTS I. THE CIRCUMSTANCES OF THE CASE 10. The case concerns events in November and December 1993 when the applicants were taken into custody for questioning about their alleged links with the PKK (the Kurdish Workers' Party). 11. The facts being disputed by the parties, the Commission appointed Delegates who took evidence in Ankara from 7 to 11 December 1998. They heard all the applicants (except for Hüsniye Ölmez) as witnesses, as well as Abdülhakim Güven, Fatma Demırel, Lokman Eğilmez, Eşref Hatipoğlu, Mahmut Demırel, Hasan Bozoğlu, Mithat Gül, Burhanettin Kiyak, Fırat Yavuz Yedekçi, Ünal Haney, Batuhan Özer, Murat Kirikçi, Hüsein Gazi Ateş, Ercüment Dönmez, Ali Kara, Hasan Şener, Cafer Öngün and Mehmet Durmaş. 12. The transcripts of the oral evidence, together with the documentary evidence provided by the parties to the Commission, have been transmitted to the Court. The relevant material is summarised below (Sections C and D), as are the original submissions by the parties concerning the facts (Sections A and B). A. The applicants' original submissions on the facts 1. The case of Tahir Elçi 13. On 23 November 1993 at around 8.30 a.m. two plain-clothed policemen went to the applicant Tahir Elçi's office in Cizre. After being searched, the applicant was taken to the gendarmerie. At 10 a.m. six policemen, including the two who had detained the applicant, returned with him to search his office. They seized all the applicant's note-books, powers of attorney, case files (particularly concerning applications to the Commission - no. 21689/93 Özkan and 31 others v. Turkey, no. 21895/93 Cağirge v. Turkey and no. 20764/92 Ertak v. Turkey). His collection of newspapers (the pro-Kurdish Özgür Gündem, Özgür Halk and Rawson), magazines and books were also seized. The applicant signed a procès-verbal concerning his provisional detention. At 11 a.m. the policemen took the applicant to his home, where they made a search but did not seize anything. He was kept at the police station until being handed over to the Cizre gendarmerie command a day or so later.

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