ELCI AND OTHERS v. TURKEY JUDGMENT 105 rights abuses in Turkey. The authorities demonstrated flagrant bad-faith and a desire to intimidate the applicants as a result. 652. The applicants' arrest and detention, having been decided on and conducted by the security forces, without any evidence of authorisation from the Prosecutors' Office, was unlawful as it should have been ordered by a Prosecutor, in accordance with Articles 58 and 59 of the Law on Advocates. The latter was mandatory throughout Turkey, including the state of emergency areas, as was clearly confirmed by the ministerial circular of 14 February 1994 (paragraphs 584-586 above). 653. In all the circumstances of the case, the Court should draw adverse inferences from the Government's failure to provide material information and evidence as to a “procedure prescribed by law”, within the meaning of the second sentence of Article 5 § 1 of the Convention. Moreover, no facts or information were submitted by the Government which disclosed the existence of any reasonable suspicion against the applicants which could satisfy an objective observer (cf. the Fox, Campbell and Hartley v. the United Kingdom, judgement of 30 August 1990, Series A no. 182, § 31). Particular risks are involved in basing “reasonable suspicion” on the statements of people who themselves are accused of terrorist crime, as in the case of Mr Güven (cf. Contrada v. Italy, no. 27143/95, Decisions and Reports [DR] 88-A, p. 94). 654. Especially strong evidence must be provided to justify detention of up to 25 days, as distinguished from a few hours. It was conceded by the Government that the sole evidence was the four statements of Mr Güven (paragraphs 424-434 above). Against that must be weighed Mr Güven's bad character, his inability to provide concrete details, the benefits he stood to gain from the Remorse Law, his need to avoid repercussions from the PKK by denouncing persons with, in fact, no connection with that organisation, his limited ability to provide “new” evidence and his acquaintance with the applicants. No attempt was made to corroborate Mr Güven's evidence, whose credibility in the circumstances was open to the greatest doubt, particularly when contrasted with the applicants' good character and professional status. 655. Furthermore, only fleeting references to the applicants were made in Mr Güven's statements, and no reference whatsoever was made to MM. Acar and Altinkalem before they were arrested. 656. The applicants alleged that the authorities' bad faith was corroborated by the facts of the case and the official Susurluk report on unknown perpetrator killings, which allegedly recorded the illegal activities carried out at the behest of, or in co-operation with, the Diyarbakır gendarmerie command (pp. 24-29 of that report), and which referred to specific orders to kill Hüsniye Ölmez in 1993 (p. 28 of that report)1. The 1 These parts of the Susurluk report were not submitted to the Court

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