ELCI AND OTHERS v. TURKEY JUDGMENT
63
Moreover Sebahattim Acar together with someone else were said to have
smuggled cyanide into the Diyarbakır E-type prison.
f) Sabahattim Acar
(Statement dated 7 December 1993 and signed)
455. Mr Acar was recorded as stating that he had first met PKK
members when visiting his father's village. He had considered them
“liberators”, having sympathised with them since he was a schoolboy. He
was taken to meet other members and advised that, as a Kurd, he should
struggle against the “fascist Turkish State” in the urban areas, defending
PKK detainees for a small fee. Mr Acar had mentioned that all the
Diyarbakır lawyers working in the State Security Court, including the
applicants, were voluntarily working for the PKK.
456. He informed these people that the commander of the Diyarbakır
provincial gendarme command was anti-Kurdish, exerting extreme pressure
on PKK supporters in the region, and that he should be assassinated.
457. Thereafter he acted as a courier between prisons, constantly
meeting Abdülhakim Güven and other political representatives. He
defended detained PKK militiamen for a small fee, spread propaganda and
persuaded and threatened recalcitrant militiamen to return to the mountains
on release.
458. The defence lawyers ensured PKK coordination between prisons,
smuggled out press-releases for the Özgur Gündem newspaper, smuggled in
poison, a knife, messages and prohibited publications, intimidated Public
Prosecutors to ensure the aims of the PKK detainees, and disseminated false
propaganda in Europe. He worked closely with Hüsniye Ölmez on all of
this. He was paid between 500,000 and 1,000,000 lire in travel expenses
each time he carried a message between prisons. He himself had smuggled
cyanide to Abdülhakim Güven. He photocopied the State Security Court
files of PKK confessors and other captured members, giving the files to a
specified PKK member, code named Şehmuz. Other such incidents were
described.
459. He had obtained books and articles praising the PKK in order to
learn more about the organisation, and took them into prison for training
people there. He used to write reports on incidents in the region which he
faxed to Human Rights associations in Europe with a view to blackening
and discrediting Turkey in its treatment of Kurds.
g) Niyazi Çem
(Statement dated 7 December 1993, which Mr Çem was recorded as
having refused to sign)