Information Note on the Court’s case-law 28

March 2001

Köksal v. the Netherlands - 31725/96

Judgment 20.3.2001 [Section I]

Article 2

Article 2-1

Life

Death following alleged ill-treatment on arrest: friendly settlement

The applicants, Turkish nationals, are respectively the father and son of Hüseyin Köksal, who was arrested for drunken driving. It is undisputed that he was roughly treated on arrest. Des pite standing orders, he was not examined by a doctor until later in the day. He was transferred to hospital, where he died shortly afterwards as a result of an aneurysm. During the subsequent criminal investigation into his death, medical evidence indicat ed that it was unlikely that the bleeding had been caused by external violence but that such violence could have exacerbated the bleeding. One of the policemen involved in the arrest was charged with causing bodily harm but was acquitted.

The parties have reached a friendly settlement providing for an ex gratia payment to the applicants of 140,000 guilders. The Government expressed their deepest regret at the death of Hüseyin Köksal and the events leading up to it, without, however, acknowledging any violat ion of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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