ELCI AND OTHERS v. TURKEY JUDGMENT
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j) Apprehension and body search report concerning Fuat Hayri Demir
493. The report signed by the applicant and dated 3 December 1993, the
day of his apprehension, stated that the applicant was wanted for his
connections with the PKK and for acting as a courier. It also recorded that a
note bearing an “ERNK” stamp on it and addressed to Comrade Fuat Demir
was found. No other incriminating material was discovered.
8. Custody records from the Diyarbakır provincial gendarmerie
command
494. The custody records showed that 73 people had been taken into
custody by the gendarmerie from 15 November 1993, when Sabahattin Acar
was detained, until 11 December 1993 when Mr and Mrs Şahin were noted
as having been detained. The records revealed that some 45 people were
being held at the same time.
495. To some extent the dates recorded corresponded to those set out in
the indictment table (paragraph 534 below), except for the following:
- Tahir Elçi's custody was recorded as of 25 November 1993
(probably the date of his transfer to Diyarbakır from Cizre, where he had
been apprehended on 23 November 1993);
- Mr and Mrs Şahin's custody was recorded as of 11 December 1993
(probably the date of their transfer from İstanbul, where they had been
apprehended on 7 December 1993);
- Niyazi Çem's custody was recorded as of 28 November 1993
(probably the date of his transfer from İstanbul, where he had been
apprehended on 23 November 1993); and
- Mehmet Selim Kurbanoğlu's custody was recorded as of 20
November 1993, although the indictment refers to 19 November 1993.
9. Video recordings of certain interrogations (submitted by the
Government on 28 July 1999)
496. The Government submitted two video cassettes showing a fourhour interrogation of a few applicants in November and December 1993.
497. The sound quality of the recordings was poor and in black and
white. The location and exact dates were not given. People were filmed in
close-up, seated in front of a back-drop of the Turkish flag and an unseen,
unidentified man asked questions. There were strong spotlights directed at
the interviewee. The people recorded were apparently Şinasi Tur, Baki
Demırhan and Hüsniye Ölmez on the first tape, and Selim Kurbanoğlu, Arif
Altinkalem and Vedat Erten on the second tape, as well as a deputy prison
director and a prison officer.