ELCI AND OTHERS v. TURKEY JUDGMENT
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- Arif Altinkalem had said that he was a PKK courier and had been found
with a receipt from the “ERNK” and a PKK photograph;
- Gazanfer Abbasioğlu admitted that he was a PKK courier, and had
given information to the PKK about a particular Public Prosecutor whom it
was planned to assassinate;
- Fuat Hayri Demır was a PKK courier who had established connections
between the Tunceli Human Rights Assocation and the prison there; he had
been arrested with a PKK note on him; and
- Hüsniye Ölmez had said that she was a PKK courier; she had kept 2
kilos of heroin for the PKK at her home, had been planning to help an
imprisoned PKK member sell his personal property, and had proposed that a
Diyarbakır Public Prosecutor be killed; a PKK report had been found on her
and the address book of another suspect in the case had been found at her
home.
543. The commander also submitted to the court the video recordings
that had been made of the applicants' interrogations, their statements, as
well as that of Mr Güven, the PKK documents purportedly found on the
accused and a weapon.
544. After the hearings on 17 February and 28 April 1994, the State
Security Court took certain procedural decisions, although none related to
the allegations of torture, ill-treatment or undue pressure.
545. Records of the hearing of the State Security Court dated
17 September and 7 November 1996, 21 January, 8 April, 16 June,
16 September, 4 November and 23 December 1997, and 3 March, 21 April
and 9 June 1998, were submitted to the Commission. They showed constant
adjournments and certain procedural decisions, with the case eventually
being stalled due to the non-appearance of certain key witnesses, especially
Abdülhakim Güven whose address was unknown.
15. Medical evidence
a) Medical examination of İmam Şahin and Arzu Şahin, 10 December
1993
546. Following their apprehension on 7 December 1993, Mr and
Mrs Şahin were taken by the police to an İstanbul medical institute on
10 December 1993 which certified that they were fit.
b) Medical report by Dr Lokman Eğilmez, dated 10 December 1993 at
7.30 a.m.
547. Dr Eğilmez, in a one page collective report, certified that the
applicants showed “no marks of blows or force”, except for Mr Altinkalem
who had a small, violet coloured bruise on the outer side of his right knee.