Musa Yılmaz won his case related to ill-treatment in police custody before the The European Courts of Human Rights (ECHR). He had applied to the international court on the grounds of ill-treatment when he was held in police custody as a 16-year-old juvenile in July 1998 under charges of alleged robbery.
The Strasbourg court decided for a monetary fine of € 12,000 in compensation for the applicant and another € 3,000 for cost and expenses.
According to the ECHR, the Turkish state principally and de facto violated Article 3 of the European Convention on Human Rights on the prohibition of torture.
The court emphasized the state's responsibility for the health of people in police custody. The importance of an independent and unbiased investigation in case of allegations of torture and ill-treatment was highlighted by the court. It was stated that prosecutions of state officials should not be closed by prescription.
Procedures at domestic courts were dropped after one defendant had been acquitted and the trial of the other three defendants had reached the statute of limitation.
According to the ECHR, the Forensic Medicine Institute failed to provide a sufficient documentation of the torture. The court said that the principles defined by the European Committee for the Prevention of Torture (CPT) had to be implemented as well as the Istanbul Protocol.
The Turkish penalty system as shown in this case was criticized by the court as well as the statute of limitation regarding the three indicted police officers and the fact that none of the defendants was being suspended for the duration of the investigation and the trial. The ECHR stated that this "did not have a deterrent effect for the prevention of illegal actions similar to the complaint of the applicant". (EÜ/VK)
