ELCI AND OTHERS v. TURKEY JUDGMENT
17
address book and other documents. Amongst the case files were several
involving applicants to the European Commission of Human Rights: Ahmet
Özkan and others v. Turkey (No. 21689/93), Cağirge and others v. Turkey
(No. 21895/93) and Ertak v. Turkey (No. 20764/92). A further application
by Süleyman Kutluk and 50 others was in the course of preparation. These
Commission files were never returned to the applicant in their entirety,
unlike the domestic files.
83. In answer to questions from the Commission Delegates, Mr Elçi
claimed that a document purporting to have been found in his office headed
“Comrade Elçi” with an “ERNK”1 stamp on it, was a complete fabrication
and was not to be found in the document delivery report.
84. The officials had drawn up a short, hand-written report, concluding
that nothing incriminating had been found. His brother, Ömer Elçi, being
present, had signed the report.
85. The applicant was then taken to his house where another search was
conducted, but nothing incriminating was found. He was returned to the
Cizre police headquarters where his personal belongings (belt, money and
wallet) were removed. He was blindfolded and put in a dark cell in the
basement.
86. Later he was taken out of the cell by a large group of officials and
kicked, beaten, threatened with his life and insulted. He was made to
remove his clothes, cold water was poured over him and his testicles were
squeezed. He was asked why he took cases concerning villagers who had
been evacuated from their homes, and why he denounced Turkey abroad.
He did not think this was an interrogation, rather the officials were venting
their anger on him. This ill-treatment lasted some 15 to 20 minutes before
he was returned to his cell.
87. One of the Cizre policemen involved in this was a certain Ramaran
Hoca or Kanlıdere, who had already accosted the applicant in the street to
check his identity. As a member of the Diyarbakır Human Rights
Association, assisting destitute villagers at a time of great tension in Cizre,
involving clashes between the PKK and State forces, threats had been made
to him previously by the Cizre police.
88. During the night he was transferred to the Cizre district gendarmerie
command, where he was kept blindfolded in a corridor in the basement. He
was not ill-treated there. Either the next day or the day after, he was taken to
the Diyarbakır provincial gendarmerie command where he was made to lie,
double-blindfolded, on a cement floor. There were other detainees,
including the applicant Mehmet Selim Kurbanoğlu, but nobody really talked
to each other except in short whispers.
1
the National Liberation Front of Kurdistan - the political wing of the PKK