ELCI AND OTHERS v. TURKEY JUDGMENT
45
310. Mr Hatipoğlu was not a specialist in interrogation and did not
attend such sessions. He was kept informed of their progress by
Mr Bozoğlu.
311. A specialised interrogation officer was alone with the detainee and
another typed the record. Video recordings were made too, which included
the 16 applicants. The tapes had been handed to the Public Prosecutor. He
had watched the tape of the applicants twice and was struck by the
naturalness of their facial expressions. The lawyers' statements had not been
obtained by force, as was shown by the fact that a few of them refused to
sign the various documents. Nothing happened to those people who refused.
312. After their release he met the applicants and they had a friendly
private chat, over some tea. They told him that they had experienced certain
difficulties, that they had not committed any crime and that it was
impossible for them to have done so. However, they did not allege any illtreatment. If they had done so, he would have replaced the interrogators
and taken legal measures against them, as was his duty. However, nobody
who was detained during his three years in that job was ever injured or
killed. The CPT once arrived at 3 a.m. but found nothing untoward and
heard no complaints, otherwise they would have reported it.
313. When most of the applicants were released on 10 December 1993
they were brought back to the detention centre to collect their personal
belongings and Mr Hatipoğlu addressed them collectively. They had not
been blindfolded once released. He congratulated them that the matter was
over and said, inter alia, that they should be more careful and that
everyone's existence depended on that of the State. He exhorted them to be
good in their future conduct, because they could see that people who
committed crimes would be brought to places like the detention centre. Tea
was served. The applicants said they had been wronged and slandered. After
midnight they left, shaking hands with him and they were taken to the town
centre, as they had requested. A minibus was put at their disposal with a
military escort. He did not see them again.
314. Mr Hatipoğlu accepted that some of the applicants may have found
him threatening, but others found him to be friendly. He had had the power
to do whatever he wanted with them at that time - torture, ill-treatment,
brute force, etc.; instead he had offered them tea and transport.
315. However, such allegations were only made by people who worked
against Turkey - as had been legally established. Nevertheless, he extended
a friendly hand to them. The judicial authorities had a separate duty to
perform from his.
316. He denied having threatened any of the applicants and was
embarrassed by any such allegation.