TEKIN v. TURKEY (52/1997/836/1042) 9 June 1998: treatment in police custody

Turkey – treatment in police custody (Law No. 2935 on the State of Emergency, Decrees Nos. 285 and 430).

I. ESTABLISHMENT OF THE FACTS
Court will exercise fact-finding powers only in exceptional circumstances – Commission had opportunity to see and hear oral testimony – where key witnesses failed to attend hearings before Commission, respondent State not justified in complaining of insufficiency of evidence – acceptance of facts as found by Commission.

III. ARTICLE 3 OF THE CONVENTION
Applicant held in cold, dark cell, blindfolded and treated so as to leave wounds and bruises on body – inhuman and degrading treatment.

Conclusion: violation (six votes to three).

V. ARTICLE 10 OF THE CONVENTION
Not established that applicant’s detention and treatment in custody amounted to interference with freedom of expression.

Conclusion: no violation (unanimously).

VI. ARTICLE 13 OF THE CONVENTION
Public prosecutor to whom applicant complained of ill-treatment on release from custody took no action – investigation commenced after communication of application by Commission inadequate.

Conclusion: violation (seven votes to two).

VII. ARTICLES 14 AND 18 OF THE CONVENTION
No evidence of breaches of these provisions.

Conclusion: no violation (unanimously).

VIII. ARTICLE 50 OF THE CONVENTION
A. Damage: compensation for non-pecuniary damage.

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