ECHR Considers Statute of Limitations As “Torture”

The European Court of Human Rights (ECHR) considered the statute of limitations ruling in Demirtaş case - where the applicant was attacked by two villagers who were illegally occupying a classified forest area - as ill-treatment and torture, convicted Turkey.  

The court considered the time-barring of the criminal proceedings against individuals charged with acts of violence against Demirtaş as a violation of “torture and degrading treatment ban”. 

Statute of limitations in 7 years 

On 5 February 2002, Demirtaş, who had the status of muhtar (head of the village), went with officials from the regional directorate of forests to a classified forest area near the village to identify, for the purpose of replanting trees, zones which had been cultivated. He was assaulted by two villagers who were illegally occupying the classified forest area. 

Medical reports established that the applicant was suffering from a fractured jaw. Following the proceedings against the two villagers, they were found guilty of wounding.

On 21 October 2009, however, the Court of Cassation declared that those proceedings were time-barred.

Upon that, Demirtaş took the case to ECHR, claiming that Article 3 of the Convention was violated. 

As the applicant specified on amount for damages, the court contended to issue a judgment against Turkey. (EÖ/BM).

* Click here to read the article in Turkish.