ELCI AND OTHERS v. TURKEY JUDGMENT
69
contributed to the defamation of the Turkish State with faxes addressed to
the European human rights association. At one stage Mr Güven had asked
Ms Ölmez about a particular Public Prosecutor, but she did not know him.
She heard later that there were plans to assassinate this person. She cited
many of the applicants who had also acted on PKK instructions.
477. A document in which she had denounced the Turkish army was
found on her when she was apprehended.
5. An identification and confrontation report with statements
478. A collective statement in which Mr Güven identified the applicants,
and they acknowledged him, was drawn up on 7 December 1993 and signed
by Mr Güven as well as by most of the applicants. Although the names of
MM. Elçi and Çem and Mrs Beştaş appeared, it was recorded that they did
not sign the document.
479. Mr Güven alleged that the applicants had worked as PKK couriers
and the applicants purportedly conceded that in a standardised form. Similar
reports were drawn up on 8 December 1993 in respect of Mr Tur, and on
16 December 1993 in respect of Mr and Mrs Şahin.
6. Other statements by the applicants, their associates or relatives at the
material time
480. Shortly after their initial period in gendarme custody, the applicants
gave statements to the Diyarbakır Human Rights Association which were
apparently forwarded to the London based Kurdish Human Rights Project in
December 1993 and January 1994. The statements became part of the
applications to the Commission and are summarised in paragraphs 13-69
above. Other statements were taken by the Association around that time,
including a statement dated 30 November 1993 from Burhan Acar, the
nephew of Sabahattin Acar, confirming the latter's description of his arrest
and the search of his home on 15 November 1993 (paragraph 37 above).
The brothers of Tahir Elçi, Ömer and Mehmet, confirmed in a statement
dated 15 December 1993 the applicant's version of the search and seizures
made at his office and home on 23 November 1993 (paragraphs 13 and 18
above).
481. An associate of Gazanfer Abbasioğlu, Zeynep Tasli, who had been
present when the former was aprehended, stated that she and Mr Abbasioğlu
had signed a search report of his office even though no such search was in
fact made.
482. Further detailed statements were submitted to the Commission in
late October and early November 1998 by MM Elçi, Çem, Beştaş,
Altinkalem, Abbasioğlu and Demirhan, as well as by Mrs Beştaş,
confirming their original allegations.