ELCI AND OTHERS v. TURKEY JUDGMENT
54
383. Mr Ateş would sign what he had typed; later the interrogator would
sign the statement and take it to the suspect.
384. There had been another typist at the time called Adem Aktaş who
could have signed the statement of Mrs Şahin.
29. Ercüment Dönmez
385. Mr Dönmez was born in 1962 and at the material time worked in
the interrogation section of the anti-terror department at Cizre police
headquarters.
386. A warrant order was received by fax from the Diyarbakır
gendarmerie to apprehend Tahir Elçi. It was stated that Mr Elçi had links
with the PKK and was involved in that organisation's activities, particularly
as a courier. This information was conveyed to Mr Elçi when he was
apprehended.
387. On 23 November 1993 he went with a team of six or so people,
accompanied by the team responsible for external security, to Mr Elçi's
business premises. The people in that team included Ali Kara and perhaps
Ramazan Hoca.
388. During the search of Mr Elçi's office, which lasted about half an
hour, many documents were seized which, for security reasons, could not be
catalogued in detail on the spot. A first report was signed straight away
indicating what had been seized. A subsequent confiscation report
indicating the same documents would have been drawn up. The body search
report was also drawn up at headquarters although it had been conducted
when Mr Elçi was apprehended in the early morning.
389. The more detailed catalogue of the materials was made up at police
headquarters and indicated that 68 case files had been seized.
390. The documents and Mr Elçi were handed over to the gendarmerie.
Mr Dönmez could not explain why there was a faxed confiscation report in
the Diyarbakır Prosecutor's file and not an original. Mr Dönmez knew
nothing about the return of documents to Mr Elçi.
391. The return of documents would be recorded in writing and signed
by the owner. Documents containing no incriminating evidence would be
returned in this way by the judicial authorities. One of the seized files
concerned the application to the European Commission of Human Rights by
Süleyman Kutluk.
392. A large number of journals or newspapers were seized for
examination as to their possible incriminating nature. He did not know the
results of that examination.
393. The list of documents in the confiscation report was drawn up in
Mr Elçi's presence in the office of the head of department, Ali Kara.
Mr Dönmez did not recall a document with an “ERNK” stamp on it. Mr Elçi