ELCI AND OTHERS v. TURKEY JUDGMENT
97
612. Mr Elçi claimed that he had been subjected to torture, and inhuman
and degrading treatment both in Cizre and Diyarbakır, including being
doused with cold water, threatened with death and subjected to beatings.
Mr Tur alleged that he was subjected to beatings, insults and death threats.
Mr Acar averred that he was punched, blindfolded, insulted, kicked,
slapped, beaten and put in extreme fear for his health. Mr Çem claimed that
he had suffered the same kind of ill-treatment as Mr Elçi. Mr Kurbanoğlu
stated that he had been humiliated and beaten. Hüsniye Ölmez alleged that
she had been tortured, as confirmed by other applicants. Meral Daniş Beştaş
claimed that she had been tortured, as a result of which she had contracted
pneumonia. Both women had medical evidence in support of their
allegations. The women were particularly distressed by the lack of clothing,
and washing and toilet facilities. Mesut Beştaş averred that he had been illtreated with beatings and psychological stress by threats to his wife; he also
alleged that he had contracted pneumonia in detention. Mr Erten alleged that
he was kicked and slapped, and had been terrified by the others' screams.
613. The applicants contended that this kind of ill-treatment would not
necessarily leave significant physical marks. Furthermore, the collective
certificate by Dr Eğilmez could not be deemed determinative (cf. United
Nations Report, paragraph 563 above).
614. All the applicants were kept in appalling, overcrowded conditions,
with little bread and water. It was freezing cold. There were inadequate
bedding, washing and toilet facilities and clothing. There was loud music, a
lack of light and blindfolds were constantly used. MM Elçi, Çem,
Kurbanoğlu and Erten were blindfolded at all times, and kept in an
overcrowded corridor and forced to lie on a cold, wet floor near the toilet.
615. The applicants claimed that the aim of this ill-treatment was to
compel them to sign false documents as to the arrests, searches,
confrontations and custody. There were no proper safeguards and a total
failure to investigate the allegations of ill-treatment, which in itself
amounted to a breach of Article 3 of the Convention.
616. As regards the absence of safeguards against ill-treatment in
custody, the applicants referred to the incommunicado nature of their
detention, its undue length, the absence of a medical report for most of the
applicants prior to their detention, inadequate or non-existent interrogation
records, perfunctory medical examinations prior to release, and the absence
of investigation into their allegations made to public officials despite claims
by some that they could identify their assailants. The lack of investigation
was due to the officials' constant assumption that such allegations were
never true (cf. Prosecutor Haney's evidence paragraph 357 above).
617. The applicants stressed the relative strength of their own evidence.
In particular, they submitted that their oral evidence to the Commission
Delegates had been impressive, credible and generally consistent, and was
to be accepted in its entirety.