ELCI AND OTHERS v. TURKEY JUDGMENT
103
above). Moreover, there were certain important inconsistencies in their
evidence.
644. For instance, a key Government witness, Colonel Eşref Hatipoğlu
was adamant that only 20 people could have been detained at the command
(paragraph 306 above). However, it is clear from the custody records
provided by the Government that at least 45 people were detained over a
single night at the material time (paragraph 494 above). The Government
have not provided records from any other establishment showing the
detention elsewhere of any of the people cited in the former, despite their
claim to that effect (cf. paragraphs 318-319 above). The Court finds it likely
therefore that a detention centre foreseen for 20 people would have had
inadequate facilities to cope with double that number, which adds to the
credibility of the applicants' claim that some of them were kept in the
corridor.
645. Given that the applicants' complaints were not taken seriously or
investigated by the authorities, the Court finds that no evidence has been
presented in the present case that serves to undermine the applicants'
accounts, which the Court has found to be credible and consistent. Notably,
Mr Hatipoğlu simply dismissed allegations of this type (paragraphs 307 and
315-316 above) and the Public Prosecutors generally considered such
matters to be a mere defence tactic (Prosecutor Haney at paragraph 357
above and, purportedly, Chief Prosecutor Selçuk at paragraph 565). Judge
Ural made no assessment or investigation of the applicants' clear claims to
him, only drawing conclusions as to their remand in custody (paragraphs
508-531 above). Moreover, the State Security Court failed to reach any
conclusion regarding the applicants' allegations of ill-treatment, adjourning
the criminal proceedings against them for five years should they remain of
good behaviour (paragraph 77 above).
646. In the light of the circumstances of the case as a whole, the Court
finds it established that the applicants Tahir Elçi, Niyazi Çem, Meral Daniş
Beştaş and Hüsniye Ölmez suffererd physical and mental violence at the
hands of the gendarmerie during their detention in November and December
1993. Such ill-treatement caused them severe pain and suffering and was
particularly serious and cruel, in violation of Article 3 of the Convention. It
must therefore be regarded as constituting torture within the meaning of that
Article.
647. The Court further finds that the applicants Şinasi Tur, Sabahattin
Acar, Mehmet Selim Kurbanoğlu, Mesut Beştaş and Vedat Erten were also
subjected during their detention to ill-treatment in violation of Article 3,
although of somewhat less severity. The Court finds that the treatment to
which these five applicants suffered was sufficently serious to render it
inhuman and degrading.
648. The Court has found that the judicial authorities failed to
investigate the applicants' allegations of ill-treatment or reach any