ELCI AND OTHERS v. TURKEY JUDGMENT
99
applicants on just one occasion. On a conservative estimate, if the applicants
had each been interrogated three times for two hours each time, that should
have generated 96 hours of recordings. The recordings were undated and did
not show the four applicants who had refused to sign statements and
confrontation records (Tahir Elçi, Niyazi Çem, Meral Daniş Beştaş and
Arzu Sahin). Nor did they disclose the identity of the interrogator. The
recorded statements were not reflected in the written statements attributed to
these applicants. Any incriminating remarks which were recorded had either
been dictated to them beforehand or were thrown out haphazardly to avoid
ill-treatment. No questions were put to these six applicants about
incriminating documents allegedly found on them, which lent weight to the
applicants' submission that no such documents had ever been found and that
the authorities purported search records had been fabricated.
625. In support of their claims of ill-treatment in custody, the applicants
also relied on the ancillary evidence they had submitted, including reports of
the European Commission of Human Rights, judgments of the Court,
reports and decisions of United Nations institutions, and Amnesty
International Reports. They also referred to the statements concerning
Turkey of the European Committee for the Prevention of Torture, which
found systematic ill-treatment being carried out in police custody, and they
alleged that similar criticism could be levelled at the gendarmerie at that
time, albeit to a lesser extent. They contended that this documentation could
not be excluded by virtue of its non-judicial character.
2. The Government
626. The Government submitted that the applicants' allegations of
torture were wholly unsubstantiated. Most of the evidence had been
submitted by the applicants themselves, and lacked objectivity and
independence. On the contrary, the video recordings of the applicants'
interrogations showed that they had suffered no ill-treatment whatsoever.
627. As regards the other evidence, the Government noted that on 10
December 1993 Tahir Elçi, Sebahattin Acar, Niyazi Çem, Şinasi Tur, Meral
Daniş Beştaş, Mesut Beştaş, Selim Kurbanoğlu, Vedat Erten and Hüsniye
Ölmez were examined by a forensic doctor, Dr Eğilmez, who found no
evidence of ill-treatment (paragraphs 284-293 and 547 above).
628. Meral Daniş Beştaş did not tell Dr Eğilmez that she was suffering
from respiratory problems (cf. paragraphs 199 and 288 above). Moreover,
even though she produced medical evidence of pneumonia for which rest
had been recommended, she continued working after her release. Nor did
Mrs Beştaş submit this medical evidence to the State Security Court.
629. All the applicants could have asked for a medical examination
during their detention in gendarme custody. They could have denounced Dr
Eğilmez for falsely reporting their medical condition before the Public
Prosecutor. None of this was done.