ELCI AND OTHERS v. TURKEY JUDGMENT
57
been confirmed. He required an acquaintance of his, Chief Superintendent
Numan, to call by and identify Mr Öngün and his colleagues as police
officers.
412. Mr Numan arrived around 10 p.m., during which time documents
could have been destroyed, although no evidence of that was found.
413. Mr Numan told Mr Acar that he was being investigated for
suspected PKK connections and that he was to be taken into custody and
handed over to the Diyarbakır gendarmes.
414. Mr Acar then allowed the team to enter and search his house. A
record of seized documents was drawn up. He had no clear recollection of
certain incriminating documents such as that bearing an “ERNK” stamp or
another entitled the “Union of Patriotic Intellectuals of Kurdistan”. All he
remembered was gathering and recording documents and books with a
political content, without examining them.
415. Mr Acar was not blindfolded at any stage.
33. Mehmet Durmuş
416. Mr Durmuş was born in 1965 and at the material time was the head
of a team at the İstanbul Anti-Terror Department.
417. He was involved in the apprehension of Niyazi Çem and İmam
Şahin.
418. A fax message was received from the Diyarbakır gendarmerie that
these lawyers were wanted for assisting the PKK by acting as couriers for
prisoners.
419. On 23 November 1993 Mr Çem was accosted at the İstanbul State
Security Court. He was told of the charges against him. He was taken to the
Department where he was body searched. A team went to his house to
conduct a search. A detention note was sent to the State Security Court for a
period of time to be authorised for his detention pending the arrival of the
Diyarbakır gendarmes. 7 days were authorised but, before the expiry of that
period, he was handed over to the Diyarbakır gendarmes who apparently
took him to Bursa.
420. Nothing was seized during the body or house searches.
421. Mr Durmuş knew Mr İmam Şahin and apprehended him at the
State Security Court just before a hearing. Mr Durmuş recalled nothing
about Azru Şahin.
422. He met Mr Şahin some time after these events at the State Security
Court where they did not have any time to talk. All Mr Şahin said was that
he had been detained in connection with some PKK confessor.