ELCI AND OTHERS v. TURKEY JUDGMENT
37
14. Gazanfer Abbasioğlu
249. Mr Abbasioğlu was born in 1967 and was a practising lawyer in
Diyarbakır at the material time.
250. On or around 15 November 1993, coming out of the State Security
Court, he and several colleagues were subjected to an identity check.
Several lawyers had previously been taken into custody and, that day, others
were detained, but not the applicant.
251. On 30 November 1993 he was at a colleague's office when plainclothed policemen and gendarme officers entered and checked his identity.
He was told he was being taken into custody. He was taken by gendarmes to
see a doctor. He was then taken somewhere, blindfolded, where he realised
there were some of his colleagues. He was not given any reason for his
detention until a couple of hours later, when he was accused of being a
member of and assisting the PKK. He denied the allegations.
252. He had known earlier that Abdülhakim Güven had become a
confessor; it was then that the arrests had started. He had met Mr Güven as a
prisoners' representative who was present when the applicant interviewed a
client accused of political offences. Whilst blindfolded, he was confronted
with Mr Güven during his first interrogation. He recognised his voice. He
was accused of being a member of and assisting the PKK, and of constantly
defending PKK cases.
253. On release and after examining his case file, he realised more
detailed false allegations had been made, such as that of being a courier.
254. The applicant signed certain documents under duress in order to
avoid being tortured as Tahir Elçi, Meral Daniş Beştaş, Niyazi Çem and
Hüsniye Ölmez had been. He did not know the contents of those documents
at that point as he had been blindfolded.
255. After being technically released by the Judge, he and his colleagues
were subjected to a warning speech by the gendarme regional commander,
Eşref Hatipoğlu. The applicant understood the speech as a threat. It was
only then that he was actually released.
15. Fuat Hayri Demır
256. Mr Demır was born in 1967 and was a practising lawyer in
Diyarbakır at the material time.
257. Mr Demir was leaving the Diyarbakır State Security Court at
lunchtime on 3 December 1993 with a colleague when he was stopped by
two people in plain-clothes who checked their identity. They said they were
from the gendarmerie intelligence unit. After confirming the applicant's
identity, he was told that he was to be taken into custody.