ELCI AND OTHERS v. TURKEY JUDGMENT
41
incriminating statements they had made before a Public Prosecutor or
Investigating Judge.
278. He knew of a Fatma Demirel who had been a PKK member but,
once in prison, she had been isolated because she was suspected of being a
State agent.
17. Fatma Demirel
279. Ms Demirel was born in 1970 and she had been detained on remand
since January 1993 (7 years) for PKK offences, in particular the unlawful
possession and transport of weapons. The criminal proceedings against her
were still pending.
280. Ms Demirel had consulted the applicant, Hüsniye Ölmez, for legal
advice in early 1992 prior to her detention, and they had become friends.
Under torture, Ms Demirel had been obliged to become a confessor and had
signed statements, the contents of which were not fully known to her. She
discovered later that in such a statement, dated 26 January 1993, she had
denounced Ms Ölmez, and other local lawyers whom she had never met, as
being PKK couriers. However Ms Ölmez had not been her representative
for these pending criminal proceedings and Ms Demirel had had no contact
with Ms Ölmez or any other of the cited lawyers during her detention. There
was no way, therefore, in which they could have delivered documents for
her.
281. Before the Diyarbakır State Security Court on 22 November 1994,
Ms Demirel refuted the contents of her original statement (paragraph 533
below).
282. Ms Demirel alleged that just before being brought before the
Commission Delegates she saw somebody, with a name like Haci, on a
higher floor of the court building who indirectly threatened her with
unpleasant repercussions if she did not give testimony to the Delegates in
the State's favour. He was apparently some expert sergeant.
18. Dr Lokman Eğilmez
283. Dr Eğilmez was born in 1958. At the material time he was a
forensic expert at the Diyarbakır Forensic Medical Branch Office. Detainees
were referred to him for a medical examination before or after they were
taken into custody.
284. On 10 December 1993 Dr Eğilmez carried out an oral and external
physical examination of the applicants. It was early in the morning. The
security forces stayed outside and he examined them in groups of 3 or 4.
285. From the external examination he saw that one of the applicants
had a simple lesion on his knee which he recorded. Although individuals
had complained of ill-treatment, the doctor was not convinced of any