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Aksoy v Turkey , (21987/93) [1996] ECHR 68 (18 December 1996)

Facts: the applicant was arrested, taken into police custody and detained for fourteen days. While in detention he allegedly was subjected by the police to a form of torture known as 'Palestinian hanging' which involved being stripped naked, being electrocuted in the genitals, kicked, slapped and verbally abused. He also claimed that he lost the use of his arms and hands as a result.  

Complaint: the applicant claimed a violation of article 3 ( right not to be subjected to inhuman or degrading treatment ) and article 5 (right to liberty)

Holding: the ECHR found a violation of article 3 and 53

Reasoning: when an individual is taken into police custody in good health and found injured at the time of release, the State had an obligation to explain the causing of the injury. The Court found that the treatment inflicted to the applicant was deliberate, serious and cruel so it was torture. Accordingly there had been a violation of Article 3 ECHR. The Court also held that the fourteen days of detention without judicial supervision was exceptionally long and thus was in breach of article 53.  

 

 

 

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