ELCI AND OTHERS v. TURKEY JUDGMENT
43
294. Around the relevant time he prepared some 4,500 reports, of which
about 10% were custody examinations.
295. The examinations he conducted in the present case were recorded
in a single report.
19. Dr Mahmut Demirel
296. Dr Demirel was born in 1967 and was a general medical
practitioner at the material time. He did not recall having certified on
13 December 1993 that Meral Daniş Beştaş had had pneumonia. He had
known her previously when she was a childhood neighbour.
297. Pneumonia would disclose symptoms of fever, malaise and lateral
pain from coughing. It did not have to be preceded by bronchitis, but might
be. A stethoscope examination could distinguish between the two. How
someone reacted to the illness depended on his/her physical condition. Such
a person would be able to stand up with assistance.
298. It may be caught by being exposed to cold. The diagnosis may be
confirmed by an x-ray. Bed rest and antibiotics may be sufficient treatment.
It is an acute illness which may not show any symptoms three days earlier.
20. Eşref Hatipoğlu
299. Mr Hatipoğlu was born in 1945. At the material time he was a
senior gendarme colonel, responsible for law and order in the province of
Diyarbakır.
300. There was an interrogation and detention centre under his
command within the city boundary. This unit was headed by Lieutenant
Colonel Hasan Bozoğlu, the director of operations. The person in charge of
interrogations was a non-commissioned officer (“NCO”), Sergeant Firat
Yavuz Yedekçi.
301. The detention centre had been inspected by the European
Committee for the Prevention of Torture (the “CPT”) every year and had
been found to be up to standard after improvements had been made. It was
not overcrowded. If it was full, detainees would be kept in their original
place of detention awaiting transfer.
302. Mr Hatipoğlu remembered the detention of the applicants as it was
an unusual incident. Abdülhakim Güven had made certain allegations
against them concerning events in prisons, and the role of these lawyers was
raised, albeit not proved.
303. Mr Güven, being a top-ranking PKK member, had given much
reliable information, not just about the lawyers. He had repented and was
entitled, like every citizen, to take advantage of the law of the country.
Mr Hatipoğlu had given orders for him to receive a small sum of money,