ELCI AND OTHERS v. TURKEY JUDGMENT 103 above). Moreover, there were certain important inconsistencies in their evidence. 644. For instance, a key Government witness, Colonel Eşref Hatipoğlu was adamant that only 20 people could have been detained at the command (paragraph 306 above). However, it is clear from the custody records provided by the Government that at least 45 people were detained over a single night at the material time (paragraph 494 above). The Government have not provided records from any other establishment showing the detention elsewhere of any of the people cited in the former, despite their claim to that effect (cf. paragraphs 318-319 above). The Court finds it likely therefore that a detention centre foreseen for 20 people would have had inadequate facilities to cope with double that number, which adds to the credibility of the applicants' claim that some of them were kept in the corridor. 645. Given that the applicants' complaints were not taken seriously or investigated by the authorities, the Court finds that no evidence has been presented in the present case that serves to undermine the applicants' accounts, which the Court has found to be credible and consistent. Notably, Mr Hatipoğlu simply dismissed allegations of this type (paragraphs 307 and 315-316 above) and the Public Prosecutors generally considered such matters to be a mere defence tactic (Prosecutor Haney at paragraph 357 above and, purportedly, Chief Prosecutor Selçuk at paragraph 565). Judge Ural made no assessment or investigation of the applicants' clear claims to him, only drawing conclusions as to their remand in custody (paragraphs 508-531 above). Moreover, the State Security Court failed to reach any conclusion regarding the applicants' allegations of ill-treatment, adjourning the criminal proceedings against them for five years should they remain of good behaviour (paragraph 77 above). 646. In the light of the circumstances of the case as a whole, the Court finds it established that the applicants Tahir Elçi, Niyazi Çem, Meral Daniş Beştaş and Hüsniye Ölmez suffererd physical and mental violence at the hands of the gendarmerie during their detention in November and December 1993. Such ill-treatement caused them severe pain and suffering and was particularly serious and cruel, in violation of Article 3 of the Convention. It must therefore be regarded as constituting torture within the meaning of that Article. 647. The Court further finds that the applicants Şinasi Tur, Sabahattin Acar, Mehmet Selim Kurbanoğlu, Mesut Beştaş and Vedat Erten were also subjected during their detention to ill-treatment in violation of Article 3, although of somewhat less severity. The Court finds that the treatment to which these five applicants suffered was sufficently serious to render it inhuman and degrading. 648. The Court has found that the judicial authorities failed to investigate the applicants' allegations of ill-treatment or reach any

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