ELCI AND OTHERS v. TURKEY JUDGMENT
56
document on his person when the wave of arrests concerning lawyers had
begun a week earlier. He denied having fabricated the document.
401. Mr Elçi stayed in Mr Kara's office, drinking tea, while at the Cizre
police station, and would have been handed over around midday that same
day, 23 November 1993, to the Cizre gendarmerie, as soon as the
procedures had been completed.
402. Mr Kara denied that Mr Elçi had been put in a police cell and illtreated. He did not know about any administrative investigation into this
matter. He had been the subject of another investigation concerning a
signature.
31. Hasan Şener
403. Mr Şener was born in 1964 and was a team leader in the Diyarbakır
gendarmerie at the material time. He had apprehended Şinasi Tur, Nevzat
Kaya and Ganzanfer Abbasioğlu.
404. Mr Tur was apprehended at his home on the evening of 15
November 1993, following an order from the provincial gendarmerie
command in connection with the alleged PKK activities of the three
applicants. Mr Şener did not see the written order himself.
405. Accompanied by Mr Yildirim, Mr Şener entered Mr Tur's house. A
third member of the team, Mr Dogan, waited outside in a vehicle. Mr Tur
was told that, according to the provincial gendarmerie command, he was
active in the PKK; hence his apprehension had been requested. His house
was searched, but nothing incriminating was found. He was taken to a
doctor at the State Hospital and then delivered to the gendarmerie.
406. Nevzat Kaya was apprehended at his office on 18 November 1993.
The office was searched but nothing incriminating was found. He was also
taken to hospital before being handed over to the gendarmerie.
407. Mr Şener had no clear recollection of Mr Abbasioğlu's
apprehension on 30 November 1993, other than the fact that the search had
not revealed any incriminating evidence.
408. None of the detainees was blindfolded.
32. Cafer Öngün
409. Mr Öngün was born in 1960 and at the material time was a police
officer in Diyarbakır.
410. He was involved in the apprehension of Sabahattin Acar on
15 November 1993 around 7 p.m. Officials from the provincial gendarmerie
command had called at police headquarters and requested that Mr Acar be
apprehended and handed over to them.
411. Mr Öngün went with 4 or 5 other officers to Mr Acar's house,
Mr Acar refused to open the door until the authenticity of the procedure had