ELCI AND OTHERS v. TURKEY JUDGMENT
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found with incriminating PKK or “ERNK” documents. Those who had
signed statements at the gendarmerie said that they had been forced to do so.
505. Şinasi Tur and Sebahattim Acar specified that the severe torture of
Mmes Beştaş and Ölmez and MM. Elçi and Çem had scared them into
signing.
506. Mr Elçi alleged that he had been tortured, as had Mr Çem and
Ms Ölmez. This was confirmed by Mr Çem in his statement to the
Prosecutor, who also alleged that Mrs Beştaş had beeen tortured. The latter
declared that she had been kept blindfolded in a cell and tortured. MM.
Beştaş and Erten alleged they had been tortured, as did Ms Ölmez.
507. Several applicants said they had not been confronted with
Mr Güven, one reason being that, as they had been blindfolded, they could
not identify anyone who spoke to them. They all repudiated the
confrontation records with Mr Güven and / or his statements about them.
11. Record of the applicants' interrogation by Cafer Sadik Ural, the
Investigating Judge, on 10 December 1993
a) Baki Demırhan
508. Mr Demırhan refuted the charges read out to him by the
Investigating Judge. He had had no relationship with the PKK other than
acting as a defence counsel. He had not acted as a courier between prisons
(especially Gaziantep prison where he had never set foot). Nor had he
brought into prison any knife. At that time lawyers were searched before
being admitted into the prison, so carrying in a knife would have been
impossible. He knew Abdülhakim Güven, who was angry with
Mr Demırhan for dissuading his brother from joining the PKK.
509. Mr Demırhan rejected the statement he had signed under pressure
at the gendarmerie and the allegations of Mr Güven against him. He
therefore repudiated the confrontation record concerning the latter. He
denied having been confronted with him at all.
b) Gazanfer Abbasioğlu
510. Mr Abbasioğlu rejected the charges read out to him as groundless,
as well as his statement to the gendarmes. He denied the accusations of
Mr Güven with whom he had been purportedly confronted, but as he had
been blindfolded he had not been able to identify him fully. He had been
punched at that moment. He had not acted as a courier for him and had only
signed the statements because he had been scared by the screams of Tahir
Elçi, Meral Daniş Beştaş and Niyazi Çem when they had been tortured for a
long time with cold water.