ELCI AND OTHERS v. TURKEY JUDGMENT
47
requested his authority to detain. The gendarmerie could take people into
custody on their own initiative as long as the judicial authorities were
informed and approved the decision. Written authority could exceptionally
be given after a person had been detained, but in such a case the authority
would be back-dated to the day when the person had been taken into
custody.
324. Mr Güven's accounts confirmed other information in the
gendarmerie's possession, the most important of which had been
publications, documents and materials which were deemed unlawful and
had been found in prisons during searches.
325. Mr Gül did not participate in the interrogation, but followed the
results. The chief of interrogations at that time was Firat Yavuz Yedekçi.
There was a special interrogation room measuring some 15 to 20 square
metres or more in the Diyarbakır provincial gendarmerie command. One
person interrogated. If a statement were to be taken, there was sometimes a
typist, although the statement was recorded elsewhere. In the meantime,
notes were taken by the interrogator himself which were not archived.
People were never blindfolded during interrogation, but were under
spotlights which prevented the interrogators' identification. The detainee sat
on a stool in a comfortable environment.
326. Adjacent to the interrogation room was a listening room, connected
electronically, so that questions could be relayed from the (unseen) chief
interrogator to the interrogator, to be put to the detainee.
327. The results of the applicants' interrogations were reported verbally
to Mr Gül, but he no longer remembered what was said. The interrogations
were carried out strictly according to the law, despite allegations to the
contrary in the media and by the PKK.
328. Some of the lawyers refused to sign certain documents, such as the
confrontation reports with Abdülhakim Güven who had recognised all the
applicants and made certain allegations. People were free not to sign such
documents.
329. The jurisdiction of the police and gendarmerie could sometimes
overlap and they could operate within each other's jurisdiction provided that
there was proper notification. The external security of places of detention
was the gendarmerie's responsibility. Accordingly, even though most of the
applicants were arrested within the municipal boundaries of Diyarbakır,
under police jurisdiction, it was for the gendarmerie to effect their detention
and interrogation.
330. Mr Gül acknowledged that the applicant Arif Altinkalem was
detained with others on 16 November 1993. He could only assume that
there must have been good reason for that even though Mr Altinkalem's
name did not feature in the previous statements of Mr Güven, and the
applicants had not at that stage been interrogated, so his name would not