ECHR Convicts Turkey Under 3 Different Charges

In 3 different cases and charges, the European Court of Human Rights (ECHR) convicted Turkey of torture, ill-treatment and long term imprisonment, ordering the Turkish state to pay a sum of 30,900 euros as damages. 

Torture

Ender Bulhaz Aktürk, is born in 1982 and is currently detained in the Tekirdağ F-type Prison (Turkey), where he is serving a sentence for having killed a police officer.

The case concerned Mr Aktürk’s complaint of having been ill-treated by the police following his arrest on 18 March 2009. 

He alleged in particular that he had been beaten at a police station and that, following his subsequent transfer to the anti-terrorism branch of the Bursa Security Headquarters, his testicles had been squeezed, and he had been subjected to hanging by his arms and hosed with cold water.

Mr Aktürk filed a complaint with the prosecuting authorities, alleging that he had been ill-treated in custody. In November 2009, the prosecutor decided not to open criminal proceedings. 

Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), Mr Aktürk complained of his ill-treatment and maintained that no effective investigation had been conducted into the matter.

Turkey is ordered to pay Aktürk 12,400 euros as damages. 

Long imprisonment 

Ali Rıza Kaplan is in 1977. At the time the application was lodged he was detained in Tekirdağ Prison (Turkey). The case concerned the length of his detention pending trial and the alleged lack of an effective remedy by which to appeal against his continued detention.

Ali Rıza Kaplan was taken into police custody on suspicion of membership of the “illegal” organization, the MLKP (Marxist-Leninist Communist Party), and on 20 April 2003 was placed in detention pending trial. He was charged with attempting to overthrow the constitutional order and was tried in the Assize Court.

Following the hearings the Assize Court rejected Mr Ali Rıza Kaplan’s requests for release on several occasions and ordered his continued detention pending trial. It also dismissed his appeals against the orders for his continued detention, without holding hearings and after requesting the written opinion of the public prosecutor, which was not sent to Mr Ali Rıza Kaplan or his lawyer.

Throughout the proceedings the Assize Court also reviewed Mr Ali Rıza Kaplan’s detention at regular intervals of its own motion.

Relying on Article 5 § 3 (right to liberty and security), Mr Ali Rıza Kaplan complained of the length of his detention pending trial. Under Article 5 § 4 (right to a speedy review of the lawfulness of detention), he complained in particular of the fact that he had been given no opportunity to reply to the written opinion of the public prosecutor.

Turkey is ordered to pay Kaplan 8,500 euros as damages. 

Ill-treatment 

Cüneyt Polat, is in 1959 and lives in Istanbul (Turkey).

The case concerned his arrest on 4 September 2005 after he had taken part in a demonstration in support of Abdullah Öcalan – founder and leader of the PKK (Workers’ Party of Kurdistan, an “illegal” armed organization) – which was dispersed by the police using force.

Cüneyt Polat was taken into police custody and underwent medical examinations which recorded injuries that were caused, according to him, by blows from police truncheons inflicted during his arrest. He was remanded in custody on 5 September 2005 and charged with aiding and abetting the PKK and possessing dangerous and explosive products.

During the criminal proceedings the Istanbul Assize Court held several hearings and on each occasion ordered Mr Cüneyt Polat’s continued detention. He lodged two appeals against the orders for his continued detention, which were dismissed by the Assize Court on the basis of the case file.

On 4 December 2006 he lodged a complaint against the police officers who he claimed were responsible for his injuries. Nine police officers gave evidence to the public prosecutor, who discontinued the proceedings for lack of evidence. Mr Cüneyt Polat appealed against that decision, without success. 

On 20 March 2007 he was sentenced to ten years’ imprisonment and payment of a fine. He lodged an appeal on points of law which was dismissed on 28 January 2008.

Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), Cüneyt Polat alleged that he had been subjected to ill-treatment during his arrest and that the investigation by the public prosecutor’s office into his complaint against the police officers had been ineffective.

Turkey is ordered to pay Polat 10,000 euros as damages.(AS/BM)

* Click here to read the article in Turkish.