ELCI AND OTHERS v. TURKEY JUDGMENT
3
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
10. The case concerns events in November and December 1993 when
the applicants were taken into custody for questioning about their alleged
links with the PKK (the Kurdish Workers' Party).
11. The facts being disputed by the parties, the Commission appointed
Delegates who took evidence in Ankara from 7 to 11 December 1998. They
heard all the applicants (except for Hüsniye Ölmez) as witnesses, as well as
Abdülhakim Güven, Fatma Demırel, Lokman Eğilmez, Eşref Hatipoğlu,
Mahmut Demırel, Hasan Bozoğlu, Mithat Gül, Burhanettin Kiyak, Fırat
Yavuz Yedekçi, Ünal Haney, Batuhan Özer, Murat Kirikçi, Hüsein Gazi
Ateş, Ercüment Dönmez, Ali Kara, Hasan Şener, Cafer Öngün and Mehmet
Durmaş.
12. The transcripts of the oral evidence, together with the documentary
evidence provided by the parties to the Commission, have been transmitted
to the Court. The relevant material is summarised below (Sections C
and D), as are the original submissions by the parties concerning the facts
(Sections A and B).
A. The applicants' original submissions on the facts
1. The case of Tahir Elçi
13. On 23 November 1993 at around 8.30 a.m. two plain-clothed
policemen went to the applicant Tahir Elçi's office in Cizre. After being
searched, the applicant was taken to the gendarmerie. At 10 a.m. six
policemen, including the two who had detained the applicant, returned with
him to search his office. They seized all the applicant's note-books, powers
of attorney, case files (particularly concerning applications to the
Commission - no. 21689/93 Özkan and 31 others v. Turkey, no. 21895/93
Cağirge v. Turkey and no. 20764/92 Ertak v. Turkey). His collection of
newspapers (the pro-Kurdish Özgür Gündem, Özgür Halk and Rawson),
magazines and books were also seized. The applicant signed a procès-verbal
concerning his provisional detention. At 11 a.m. the policemen took the
applicant to his home, where they made a search but did not seize anything.
He was kept at the police station until being handed over to the Cizre
gendarmerie command a day or so later.