The European Court of Human Rights (ECHR) convicted Turkey of violating “right to a fair hearing” in the case of Baytar where the case concerned the absence of an interpreter during police custody.
Gülistan Baytar, the applicant, was sentenced to 3 years and 9 months for being caught with PKK documents during a prison visit to her brother in the southeastern province of Muş on December 17, 2001.
The ruling underscored the necessity of providing an interpreter in cases where suspects’ Turkish language skills are poor or non-existent.
Lack of interpreter brought conviction
On two occasions while being searched prior to visiting her brother, who was imprisoned in the context of a case involving the PKK (the Kurdistan Workers’ Party), Baytar was found to be in possession of hidden documents ad was suspected of wishing to transmit these to him. Placed in police custody, she was questioned, in Turkish, by two gendarmes.
On May 29, 2002, Turkey’s former State Security Court (DGM) convicted Baytar to 3 years and 9 months of prison for “aiding a terrorist organization”. While Supreme Court of Appeals overturned the verdict, DMG resisted on its ruling. However, it released the defendant considering the arrest term.
“Interpreter must have been present during questioning”
The ruling emphasized that the consequences of Baytar’s yielding her right to silence and not having a lawyer were not thoroughly explained to her due to her limited Turkish knowledge, especially on the gendarmerie questioning.
Relying on Article 6 §§ 1 and 3 (e) (right to a fair hearing and right to the assistance of an interpreter), Turkey was found guilty and ordered to pay Baytar 1,300 euros as court expenses and 1,500 euros as non-pecuniary damages. (EÖ/BM).
* Click here to read the article in Turkish.
