ELCI AND OTHERS v. TURKEY JUDGMENT
70
7. Search, seizure and apprehension reports
a) A disputed seizure record concerning the office of Tahir Elçi (faxed
copy only provided by Government)
483. The report dated 23 November 1993 recorded a search at Mr Elçi's
office around 10.30 a.m. and the seizure of several documents, including
materials entitled “Kurdish-triumph”, “Kurdish-merciless”, “The DCP (the
Democratic Party) Constitution”, “Kurdish-motherland”, “ERNK” (National
Liberation Front of Kurdistan) publications - “The hope of the people”, 67
case files and a hand-written note saying:
“Comrade Tahir Elçi, Comrade, we have received the Mazlum Doğan Conference
Resolution you sent to us, and we have passed on the note you gave to Ferhat to the
leader. But there are not enough weapons. Put pressure on the smuggler; and our old
messenger has been caught. Look after his case as well. Rescue him and tell Comrade
Selahattin to do that job quickly. Revolutionary greetings. Signed Roserin”.
484. The note had Mr Elçi's signature on it, and was stamped “ERNK”,
but no original was ever produced. Only a faxed copy existed in the State
Security Court file.
b) Undisputed report concerning Tahir Elçi
485. This report described documents seized at Mr Elçi's office,
including 68 case files (instead of 67), one of which was an application by
Suleyman Kutluk to the European Commission of Human Rights. However,
none of the Kurdish or “ERNK” documents mentioned in the preceding
seizure report, other than the document entitled “Kurdish-merciless”, were
noted. It stated that nothing incriminating was found on Mr Elçi. His
personal belongings and all the seized papers were handed over, together
with Mr Elçi, to the Cizre district gendarme command on
23 November 1993.
c) Undisputed confiscation record concerning the office materials of
Tahir Elçi
486. This record was significantly shorter and stated that files, journals
and documents had been confiscated and taken to the District Security
Directorate. The report had the same date and times as the foregoing
records, and an original version was in the State Security Court file bearing
Mr Elçi's signature.