ELCI AND OTHERS v. TURKEY JUDGMENT
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511. He acknowledged the statement he had made to the Public
Prosecutor.
c) Mesut Beştaş
512. Mr Beştaş denied the charges read out to him as groundless. He had
not acted as a courier or possessed a document stamped by the “ERNK”
purportedly found on him. He said that the stamp was not of the usual kind
which could be found and that it would have been illogical of him not to
have destroyed it at the State Security Court before the end of the day after
he had been identified earlier by the officers who were to detain him.
513. He repudiated a preliminary inquiry report dated 6 December 1993
and pointed out how he had tried to record an abstention on that document.
This accounted for the difference in signature from the statement he had
made to the Public Prosecutor, which statement he confirmed. He also
rejected a confrontation record with Mr Güven, given that he had been held
blindfolded and had not spoken to anyone.
d) Meral Daniş Beştaş
514. Mrs Beştaş denied the charges, read out to her, of having been a
PKK courier and of having been found with an “ERNK” document on her.
She repudiated the contents of a preliminary statement, which she had not
signed. She alleged she had been in agony for 25 days, having been sexually
harassed, stripped naked and doused with cold water for 3 hours. Despite
that treatment, she refused to sign any documents.
515. She denied the allegations made by Mr Güven, whose brother she
had defended, as she had defended other persons accused of PKK-related
crimes. That was her sole contact with the PKK - acting professionally as a
defence lawyer.
516. She confirmed the statement she had made to the Public Prosecutor.
e) Nevzat Kaya
517. Mr Kaya denied acting as a PKK courier. He had no relation other
than that of lawyer/client with the prison. He repudiated the preliminary
statement which he had signed after repression and torture – cold water and
sexual harassment. He also rejected the confrontation report with Mr Güven,
who had intervened in conversations he had had with his clients, being the
prisoners' representative. He confirmed his statement to the Public
Prosecutor.