The European Court of Human Rights found Turkey guilty on two separate cases, saying that the Turkish state violated the “torture ban”.
The court found Turkey guilty of violating Article 3 of the Convention (torture ban) in the case of Subaşı and Çoban - police violence and pepper gas use during May Day demonstrations in 2006 - ordering to pay each applicants 15,000 euros and 1,760 for court expenses.
In a separate case, the court also found Turkey guilty of violating the torture ban in the case of Bozdemir and Yeşilmen, ordering to pay each applicant 6,000 euros.
Dropping charges on “illegal pennants”!
On 1 May 2006 Subaşı and Çoban attended a demonstration in Izmir. They had been attacked by police officers, who had kicked and beaten them and had used tear gas against them.
Police attacked Subaşı which caused her to fall on the floor and then attacked Çoban who tried to help her up. After the incident, Subaşı and Çoban filed complaints to Izmir Bar Association’s Human Rights Desk.
On May 2 Subaşı and Çoban filed official complaints to a prosecutor. The next day, they were examined by Forensic Medicines Institute doctors and received a report - which documented the physiological and psychological impacts of police violence. The report also confirmed another report issued by Izmir Education and Research Hospital.
On 24 May 2006’da Izmir police authorities sent a report to Prosecutor’s Office, claiming that police exercised “balanced force” on protestors.
On 29 June 2006 Izmir Prosecutor’s Office dropped charges on the suspected policemen. “Subaşı and Çoban carried illegal organization pennants and PKK leader Abdullah Öcalan’s pictures,” the detailed drop-charges document said.
On 6 September Karşıyaka High Criminal Court refused Subaşı and Çoban’s objection on drop of charges.
Subaşı and Çoban applied to ECHR, saying that internal justice seeking was exhausted.
ECHR found Turkey guilty of ill-treatment and torture and lack of investigation on the responsible police officer, saying that Turkey violated Article 3 twice. Turkey was order to pay damages to applicants.
Apartment Crackdown Found Guilty
On 27 November 1997 at 1 a.m. and 4 a.m., the apartments of Gülçin Bozdemir and Yeşilmen in Istanbul were raided by anti-terror police for “searching a family member”.
On 2 December 1997 Bozdemir and Yeşilmen lodged a complaint with the Fatih public prosecutor’s office, alleging that they were stripped naked, beaten (which caused pregnant Bozdemir to lose her baby) and Yeşilmen being threatened with rape.
On the same day, Gülçin Bozdemir was examined by a doctor from the Istanbul branch of the Human Rights Foundation of Turkey, who documented the police violence.
On 3 December 1997, at the request of the Fatih public prosecutor, Bozdemir and Yeşilmen were examined by a doctor at the Istanbul branch of the Institute of Forensic Medicine, who confirmed Human Rights Foundation of Turkey’s report.
On 13 April 2000 the Fatih public prosecutor issued a decision not to prosecute six police officers from the anti-terrorist branch of the Istanbul Police Headquarters.
On 11 April 2003 the Beyoğlu Assize Court dismissed the applicants’ objection, holding that the decision of 13 April 2000 had been in accordance with the law.
Bozdemir and Yeşilmen applied to the European Court of Human Rights for the violation of Article 3 on torture ban and Article 5 on freedom and right to security.
The court found Turkey guilty of violating Article 3, ordering the Turkish state to pay 6,000 euros. (AS/BM)
