ELCI AND OTHERS v. TURKEY JUDGMENT 106 applicants also referred to the unresolved murder of 6 lawyers between 1993 and1995, as well as the criminal prosecution of 48 lawyers practising in defence work (cf. paragraph 554 above). Mr Hatipoğlu's oral evidence to the Delegates showed general hostility and bias in the matter, as well as his obvious attempt to intimidate the applicants on 10 December 1993. The evidence also showed that incriminating documents had been fabricated to use as evidence against the applicants, in contrast to the genuine search records, seen and signed by the applicants, which had made no mention of such material. 657. False confrontation records and statements were similarly fabricated, using standard formulae. However, Mr Güven was unable to confirm the accuracy of the contents of the confrontation records, other than what he himself had stated. Moreover, Mr Özer, who had not been present at any of the confrontations, thought nothing of signing such a document as it bore no other official's signature (paragraphs 367-368 above). Attempts were made to force the applicants to sign false statements and records after ill-treatment and torture. A number of applicants were expressly threatened by Mr Hatipoğlu at the end of their detention, and Prosecutor Haney manifested no interest in any matter which might have shown that the criminal allegations against the applicants were unfounded. 658. In the applicants' view, these and other elements clearly demonstrated the authorities' bad faith. 659. The applicants added a complaint under Article 5 § 2 of the Convention that they were not informed promptly of the reasons for their arrest. (Article 5 § 2 requires that detainees be informed promptly of the reasons for their arrest.) 2. The Government 660. The Government denied that the applicants were detained unlawfully or arbitrarily. They were detained and indicted on 22 December 1993 for being members of the PKK. They were accused, inter alia, of acting as couriers between the PKK and prisons, smuggling into prisons cyanide, heroin and a knife, harbouring PKK members and the like, contrary to Article 168 of the Criminal Code and Article 5 of the Law on the Prevention of Terrorism. Safeguards existed against arbitrary detention by way of the controls operated by the Public Prosecutor over the police and gendarmerie, and the possibility of testing the lawfulness of detention in the proceedings before the State Security Court. 661. Insofar as the security forces had departed from the requirements of Articles 58 and 59 of Law No. 1136 on Advocates, the Government submitted that these provisions were overridden by the state of emergency laws and Law No. 2845 on the establishment and judicial practice of the State Security Courts. The prosecution of the terrorist-related charges against the applicants fell within the jurisdiction of the State Security

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