ELCI AND OTHERS v. TURKEY JUDGMENT 97 612. Mr Elçi claimed that he had been subjected to torture, and inhuman and degrading treatment both in Cizre and Diyarbakır, including being doused with cold water, threatened with death and subjected to beatings. Mr Tur alleged that he was subjected to beatings, insults and death threats. Mr Acar averred that he was punched, blindfolded, insulted, kicked, slapped, beaten and put in extreme fear for his health. Mr Çem claimed that he had suffered the same kind of ill-treatment as Mr Elçi. Mr Kurbanoğlu stated that he had been humiliated and beaten. Hüsniye Ölmez alleged that she had been tortured, as confirmed by other applicants. Meral Daniş Beştaş claimed that she had been tortured, as a result of which she had contracted pneumonia. Both women had medical evidence in support of their allegations. The women were particularly distressed by the lack of clothing, and washing and toilet facilities. Mesut Beştaş averred that he had been illtreated with beatings and psychological stress by threats to his wife; he also alleged that he had contracted pneumonia in detention. Mr Erten alleged that he was kicked and slapped, and had been terrified by the others' screams. 613. The applicants contended that this kind of ill-treatment would not necessarily leave significant physical marks. Furthermore, the collective certificate by Dr Eğilmez could not be deemed determinative (cf. United Nations Report, paragraph 563 above). 614. All the applicants were kept in appalling, overcrowded conditions, with little bread and water. It was freezing cold. There were inadequate bedding, washing and toilet facilities and clothing. There was loud music, a lack of light and blindfolds were constantly used. MM Elçi, Çem, Kurbanoğlu and Erten were blindfolded at all times, and kept in an overcrowded corridor and forced to lie on a cold, wet floor near the toilet. 615. The applicants claimed that the aim of this ill-treatment was to compel them to sign false documents as to the arrests, searches, confrontations and custody. There were no proper safeguards and a total failure to investigate the allegations of ill-treatment, which in itself amounted to a breach of Article 3 of the Convention. 616. As regards the absence of safeguards against ill-treatment in custody, the applicants referred to the incommunicado nature of their detention, its undue length, the absence of a medical report for most of the applicants prior to their detention, inadequate or non-existent interrogation records, perfunctory medical examinations prior to release, and the absence of investigation into their allegations made to public officials despite claims by some that they could identify their assailants. The lack of investigation was due to the officials' constant assumption that such allegations were never true (cf. Prosecutor Haney's evidence paragraph 357 above). 617. The applicants stressed the relative strength of their own evidence. In particular, they submitted that their oral evidence to the Commission Delegates had been impressive, credible and generally consistent, and was to be accepted in its entirety.

Select target paragraph3