ELCI AND OTHERS v. TURKEY JUDGMENT
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26. Batuhan Özer
365. Mr Özer was born in 1971 and at the material time he was working
at the Diyarbakır Detention Centre. His principal task was to take the
completed criminal files of detainees to the State Security Court. He had
had nothing to do with the applicants' detention or interrogation. He had just
taken their files to court.
366. He knew of the 16 lawyers but had only met Mr and Mrs Şahin at
the time, neither of whom had been blindfolded.
367. If a colleague forgot to sign a document, he would sign it for him.
He had signed one such document in the case of İmam Şahin, although he
had not formulated its contents. He thought that the person who typed the
statement had been Hüseyin Gazi Ates; Murat Kirikçi had been the
interrogator. As far as he could remember, the witness had had Mr Kirikçi's
notes and he had put the latter's questions to Mr Şahin and had the replies
typed up. Mr Özer was present when Mr Şahin signed his statement. He had
chatted at length with Mr and Mrs Şahin many times and Mr Şahin had
lamented the fact that he and his wife had been used by “them” and duped.
368. Mr Özer then said that he had not been present when Mr Şahin
signed his statement. He had no opinion on whether it was desirable or not
to keep a suspect unaware of the identity of the interrogator. The suspect
was not, however, blindfolded.
369. Mr Özer acknowledged that a signature seemingly like his was on a
statement purportedly made by Arzu Şahin but not signed by her, but he did
not remember exactly.
27. Murat Kiricki
370. Mr Kiricki was born in 1971 and was an NCO for interrogation and
investigation in the Diyarbakır gendarmerie. He had had a month's training
for that job.
371. He had interrogated the 16 lawyers. He thought that the detention
of so many lawyers was normal although he could not recall a similar
incident. He had been guided during the interrogations via the closed circuit
television system by his superior officer, Mr Yedekçi.
372. First the lawyers asked why they had been detained, even though
they must have been given the reasons earlier. They were informed that they
were there to answer Abdülhakim Güven's allegations, and the interrogation
started with the allegation that they had acted as couriers between prisons.
Mr Kiricki did not recall what had been the applicants' initial reaction to the
allegations.
373. The interrogation was then interrupted and resumed later (lapse of
time unspecified), when they confessed to the courier charges. The change