The European Court of Human Rights reached a verdict on the case of Ayhan Mimtaş, who complaint that he was subjected to torture during his transfer to Kandıra high security prison. The incident coincides at a time of violent rioting involving clashes between prisoners and the security forces in 2000, resulting in the death of 30 inmates.
The court found Turkey guilty for violating Article 3 (torture ban), ordering the Turkish state to pay 12,750 euros as damages.
Operation "Back-to-life"
On 19 December 2000, Turkish security forces launched operations on several prisons across the country, a series of raids publicly known as Operation "Back-to-life".
At the time the applicant Ayhan Mimtaş was serving in Ümraniye prison for being a DHKP-C illegal organization member.
On 23 December 2000, Mimtaş was transferred to Kandıra high security prison and received cell penalty.
On 11 May 2001, Mimtaş started a hunger strike, which resulted to his acquittal due to health problems.
In January 2001, Mimtaş filed an official complaint to a Kocaeli district court, saying that he was subjected to ill-treatment in Ümraniye prison and during his transfer to Kandira prison by soldiers and prison guards.
The complaint was forwarded to the Governor of Kocaeli, who considered that Mimtaş’s injuries were the result of his involvement in the riots and refused to bring proceedings against the gendarmes concerned.
In March 2001, the public prosecutor commenced criminal proceedings against five prison guards in the Kandıra Criminal Court, which acquitted them in 2003.
A month later, Mimtaş lodged an appeal on points of law, which was eventually dismissed in 2006. Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), Mimtaş alleged that he was subjected to violence during his transfer to Kandıra high-security prison.
ECHR rejects another complaint
Another application of Ayhan Mimtaş along with Taner Tanyeri, Erkan Yirdem, Gülten Tanyeri, Kıyas Yirdem and Selime Mimtaş has been rejected by ECHR.
In 2001, Taner Tanyeri, Erkan Yirdem and Ayhan Mimtaş started hunger strikes in Kandıra prison.
On 27 August 2001, 6 inmates from Kandıra prison filed a lawsuit to ECHR, saying that Taner Tanyeri, Erkan Yirdem and Ayhan Mimtaş were subjected cell prison.
On 20 May 2002, the aforementioned hunger strikers informed ECHR that they ended their hunger strike and were released.
In 2005, the court rejected inmates' lawsuit on lack of investigation, long and unjust imprisonment. (AS/BM)
