ELCI AND OTHERS v. TURKEY JUDGMENT
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k) Amnesty International Report on Turkey - Human Rights Defenders at
risk, dated September 1994
567. Amnesty International took up the allegations of the Turkish
Human Rights Association concerning the harassment and prosecution of
defence lawyers. Meral Daniş Beştaş was recorded as having complained of
her detention by the gendarmerie in November 1993, and of torture and
severe ill-treatment, including being doused with cold water.
II. RELEVANT DOMESTIC LAW AND PRACTICE
568. The Court refers below to the submissions of the parties regarding
the pertinent domestic law in force at the relevant time, especially their
translations of various texts, as well as to the various summaries of domestic
law set out in previous jugments (see e.g. the judgment dated 27 June 2000
in the case of Salman v. Turkey [GC], no. 21986/93, §§ 60-68, ECHR 2000VII).
A. Arrest and custody
569. Article 104 of the Code of Criminal Procedure provided that a
person could be remanded in custody where there was a fear that the
accused would abscond, or there were attempts by the accused to remove
evidence or interfere with witnesses, or where the offence was against
public morals, the security of the public or the authority of the State or
Government. When the offence was a felony, it was presumed that the
suspect was planning to escape.
570. In the State of Emergency region at the material time, Article 26 of
Law No. 2935 of 25 October 1983 permitted the detention of a person, in
relation to terrorist offences to be tried by the State Security Court, for a
period of 4 days in the case of individual offences, and 30 days for
collective offences, as in the present case.
B. Terrorist offences
571. Terrorism was defined in Article 1 of the Law No. 3713 on the
Prevention of Terrorism (1991) as follows:
“Terrorism is any kind of act done by one or more persons belonging to an
organisation with the aim of changing the characteristics of the Republic as specified
in the Constitution, its political, legal, social, secular and economic system, damaging
the indivisible unity of the State with its territory and nation, endangering the
existence of the Turkish State and Republic, weakening or destroying or seizing the
authority of the State, eliminating fundamental rights and freedoms, or damaging the
internal or external security of the State, public order or general health by means of
pressure, force and violence, terror, intimidation, oppression or threat.”