ELCI AND OTHERS v. TURKEY JUDGMENT 88 k) Amnesty International Report on Turkey - Human Rights Defenders at risk, dated September 1994 567. Amnesty International took up the allegations of the Turkish Human Rights Association concerning the harassment and prosecution of defence lawyers. Meral Daniş Beştaş was recorded as having complained of her detention by the gendarmerie in November 1993, and of torture and severe ill-treatment, including being doused with cold water. II. RELEVANT DOMESTIC LAW AND PRACTICE 568. The Court refers below to the submissions of the parties regarding the pertinent domestic law in force at the relevant time, especially their translations of various texts, as well as to the various summaries of domestic law set out in previous jugments (see e.g. the judgment dated 27 June 2000 in the case of Salman v. Turkey [GC], no. 21986/93, §§ 60-68, ECHR 2000VII). A. Arrest and custody 569. Article 104 of the Code of Criminal Procedure provided that a person could be remanded in custody where there was a fear that the accused would abscond, or there were attempts by the accused to remove evidence or interfere with witnesses, or where the offence was against public morals, the security of the public or the authority of the State or Government. When the offence was a felony, it was presumed that the suspect was planning to escape. 570. In the State of Emergency region at the material time, Article 26 of Law No. 2935 of 25 October 1983 permitted the detention of a person, in relation to terrorist offences to be tried by the State Security Court, for a period of 4 days in the case of individual offences, and 30 days for collective offences, as in the present case. B. Terrorist offences 571. Terrorism was defined in Article 1 of the Law No. 3713 on the Prevention of Terrorism (1991) as follows: “Terrorism is any kind of act done by one or more persons belonging to an organisation with the aim of changing the characteristics of the Republic as specified in the Constitution, its political, legal, social, secular and economic system, damaging the indivisible unity of the State with its territory and nation, endangering the existence of the Turkish State and Republic, weakening or destroying or seizing the authority of the State, eliminating fundamental rights and freedoms, or damaging the internal or external security of the State, public order or general health by means of pressure, force and violence, terror, intimidation, oppression or threat.”

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