The European Court of Human Rights (ECHR) delivered a verdict related to Gülperi O., a young woman from İzmir whose death was issued as suicide by a prosecutor even though she was allegedly beaten by her husband.
Turkey was found guilty for failing to investigate further on the death case of Gülperi O., where the prosecutor dismissed the case and considered the case as suicide even though no medicine was found in Gülperi O.’s blood.
On January 11, 2007, Ümran Durmazti to ECHR, saying that the suspected death of his daughter was not effiently investigated - a violating of European Convention of Human Rights Article 2.
The applicant alleged that the real problem in the present case was the national authorities’ continuing tolerance towards domestic violence against women, which was a systemic problem in Turkey.
9 years of legal struggle
Gülperi O. worked as a nurse at the Aegean University Hospital in İzmir. She was married to O.O., who worked in the pharmacy at the same hospital. According to the applicant, the couple had frequent rows and O.O. used violence against Gülperi O. on a number of occasions.
At 5.30 p.m. on 18 July 2005 O.O. brought Gülperi O. to the accident and emergency department of the Aegean University Hospital and told the doctors and nurses at the hospital that she had taken an overdose of two medicines called “Prent” and “Muscoril”.
A police officer at the hospital took a statement from O.O. at 6.45 p.m. In his statement O.O. was reported as having stated that he and Gülperi O. had had a row earlier in the day; she had attacked him and he had hit her. He had then left home and some time after his return at 3.00 p.m. Gülperi O. had felt unwell. He had then brought her to the hospital.
Gülperi O. died at 10:10 pm. The doctor and the prosecutor who subsequently examined her body were unable to establish the cause of death.
On 20 July 2005 the police prepared a report summing up their inquiry. It was stated in this report that Gülperi O. had committed suicide by taking an “overdose of medicines”.
On 22 July 2005 the applicant’s husband, Mr Elaattin Kanter, lodged an official complaint with the İzmir prosecutor against O.O., and alleged that O.O. had been responsible for the death of his daughter.
Mr Kanter alleged that O.O. had forced Gülperi O. to take the medicines and had subsequently dumped her body at the hospital. The family had heard nothing from O.O. since that date and he had not even attended the funeral.
It turned out that she had had to be hospitalized twice with suspected head injuries.
“No medicines in the body”
According to a report drawn up by the Forensic Medicine Institute on 30 December 2005, no medicines, other drugs or alcohol had been found in the blood and other bodily samples taken from Gülperi O.’s body.
On 30 January 2006 the Forensic Medicine Institute published its report on the post-mortem examination and other forensic examinations carried out on the samples taken from Gülperi O.’s body. The cause of death was established as “acute alveolar swelling and intra-alveolar hemorrhage” in the lungs.
On 28 February 2006 the İzmir prosecutor decided to close the investigation. In the opinion of the prosecutor, Gülperi O. had committed suicide because she had had an argument with her husband.
On 4 April 2006 the applicant lodged an objection with the Karşıyaka Assize Court against the prosecutor’s decision. The objection was dismissed by the Karşıyaka Assize Court on 11 July 2006.
The applicant alleged that the cause of her daughter’s death had not been established by the domestic authorities.
The applicant also alleged that the Government had failed to comply with the Court’s request and had failed to obtain further medical reports from their forensic authorities.
ECHR: Failure to carry out investigation
The court delivered a verdict today. It held that there has been a violation of Article 2 of the Convention in its procedural aspect on account of the national authorities’ failure to carry out an effective investigation into the death of the applicant’s daughter
Turkey is ordered to pay the applicant Ümran Durmaz 20,000 euros as non-pecuniary damages and 2,000 euros for court expenses. (AS/BM)
* Click here to read the article in Turkish.
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