ALKAYA v. TURKEY and 7 other applications
Doc ref: 70932/10;36218/11;40528/11;261/12;275/12;21333/12;24451/12;16931/13 • ECHR ID: 001-174529
Document date: May 22, 2017
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Communicated on 22 May 2017
SECOND SECTION
Application no. 70932/10 Aligül ALKAYA against Turkey and 7 other applications (see list appended)
SUBJECT MATTER OF THE CASE
The present applications concern allegations of ill-treatment during arrest (use of excessive force) or ill-treatment in custody, and the lack of effective investigations into those complaints.
The applicants mainly rely on Articles 3, 6 and 13 of the Convention.
QUESTIONS tO THE PARTIES
1. Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?
2. Having regard to the procedural protection from inhuman or degrading treatment (see Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV), were the investigations conducted by the domestic authorities in the present cases in breach of Article 3 of the Convention?
Appendix
No.
Application
no. and date
Applicant name
date of birth
place of residence
nationality
Represented by
- Relevant dates and place of detention
- Dates and summary of medical reports
Details of national judgments on ill-treatment allegation (dates, courts, outcome)
Other complaints
70932/10
23/07/2010
Aligül ALKAYA
01/02/1967
TekirdaÄŸ
Turkish
Faruk Nafiz ERTEKÄ° N
Keleş ÖZTÜRK
- Custody between 9 and 13 April 2003 in Istanbul. Allegations of ill ‑ treatment during arrest and in custody. Official documents indicate resisting officers and aggressive behaviour by the applicant, both during arrest and in custody.
- Medical reports: 9 April 2003 (epidermal scratches on hands and old injury on ankle); 13 April 2003 (indicates that the applicant refused examination); 15 April 2003 (ecchymosis under the right eye and injury on the right wrist).
- 26 July 2007: Acquittal of police officers by Fatih 1st Assize Court.
- 18 March 2010: Decision to strike out of the list of cases by the Court of Cassation as time-barred.
Articles 6 and 13 (no specific questions)
36218/11*
28/03/2011
Şengül TİZCİ
10/07/1964
Ankara
Turkish
Halil İlker ÇELİK
- Custody between 5 and 6 May 2009 in Ankara. Allegations of ill-treatment during arrest. Official documents indicate resisting officers and altercation.
- Medical report of 5 May 2009 (ecchymosis on left thigh of 10x18 cm)
- 6 May 2009 (confirmation of previous report and additional ecchymosis of 8x10 cm on right thigh, which, according to the applicant, was caused during his arrest).
13 July 2010: Decision not to prosecute with reference to “applicant ’ s resisting arrest” was confirmed by Sincan Assize Court (notification on 4 October 2010).
Articles 1 and 6 (no specific questions)
40528/11
30/03/2011
Adem GÖRMÜŞ
04/03/1973
Istanbul
Turkish
Bülent KURT
- Arrested on 13 April 2003 in Istanbul after an altercation. Taken before judicial authorities on the same day.
- Medical report of 13 April 2003: ecchymosis on the left side of the neck, red marks on both wrists, "minimal ecchymosis on the lower parts of both legs".
- 31 May 2007: BeyoÄŸlu 2nd Assize Court, acquittal of four police officers, prison sentence of four months for one police officer for use of excessive force during arrest (suspended sentence).
- 14 February 2012: Court of Cassation, acquittals upheld, decision to strike suspended sentence out of the list of cases as time-barred.
Articles 6 and 13 (no specific questions)
261/12
05/12/2011
Birlant DADAEVA
23/04/1985
Istanbul
Russian
Aslan ABUBAKAROV
01/04/1983
Istanbul
Russian
Abdulhalim YILMAZ
- Custody between 5 and 7 November 2008 in BeyoÄŸlu . Allegations of being beaten during arrest. Official documents indicate resisting arrest and altercation during arrest.
- Medical reports of 5, 6, 7 and 8 November 2008 indicate several injuries on both of the applicants.
16 May 2001: decision not to prosecute on the grounds of use of proportionate force was confirmed by BeyoÄŸlu 1 st Assize Court (notification on 6 June 2011).
Article 13 (no specific questions)
275/12*
05/12/2011
Muhsin ÅžEKER
02/02/1986
Ankara
Turkish
Abdulhalim YILMAZ
- 27 September 2006, three hours in custody at Zeytinburnu police station.
- Report of 27 September 2006: superficial injuries of different sizes on the right eyelid, right eyebrow, nose, right elbow, neck, chin, and back.
- Report of 27 and 29 September 2006: private reports indicating similar injuries.
06 April 2011: Istanbul 7th Assize Court confirmed the decision not to prosecute, rendered on the grounds that the applicant had insulted and fought the officers, referring to eyewitness testimony, photographs of the damage allegedly caused by the applicant to computers and tables; the fact that the injuries were superficial and did not fit in with his allegations; his own partial acceptance of some of the facts; and the fact that he could not identify the officers from the pictures shown to him.
Article 13 (no specific questions)
21333/12
15/03/2012
Murat EROL
06/08/1986
MuÅŸ
Turkish
Ercan KANAR
Rıdvan EROL
- Held in custody between 12 and 15 May 2009 at Istanbul ’ s counter-terrorism unit.
- Report of 12 May 2009: scratch of 1.5x1 cm on the left of the forehead, ecchymosis of 4x3 cm on left shoulder, several injuries on the hips, back, wrist and left knee. The applicant told the doctor that some of the injuries which were described as having scabs had come from playing football.
- Report of 15 May 2009: similar injuries.
- Report of 4 August 2010: contains observations on the previous reports and states that the fresh injuries could have been caused by trauma from hard objects.
16 June 2011: decision not to prosecute on the grounds that the force used was proportionate to the aim of arrest.
3 October 2011: Bakırköy Assize Court upheld that decision.
Articles 6 and 13 (no specific questions)
24451/12
15/03/2012
Cengiz GÜNGÖR
11/03/1977
Manisa
Turkish
Kerem GÜNGÖR
03/02/1979
Manisa
Turkish
Behçet GÜNGÖR
06/12/1979
Schweiz
Turkish
Mustafa ROLLAS
- Custody between 13 and 14 August 2004 at Akhisar police station in Manisa . A relative of the three applicants had been arrested for homicide. The applicants went to the police station and were arrested after the situation escalated.
- Three reports on 13 August 2004 concerning Cengiz Güngör : several injuries, including a fracture of the left tibia.
- Report of 13 August 2004 concerning Kerem Güngör : a graze of 2x2 cm on the nose, ecchymosis of 1x1 inside the upper lip, several ecchymoses on the neck, back and arms.
- Reports of 13 and 16 August 2004 concerning Behçet Güngör : injury of 1.5 cm on the left eyebrow, head injury caused by trauma of some kind.
22 September 2011 and 31 December 2013: Strike-out decisions as time-barred, handed down by Akhisar Assize Court.
Articles 6 and 13 (no specific questions)
16931/13
11/12/2012
Emine AKMAN
15/11/1991
Istanbul
Turkish
Hüseyin BOĞATEKİN
- In custody between 14 and 15 August 2011 at AtaÅŸehir police station. The applicant alleged that he was beaten during his arrest. The official documents state that she was arrested in difficult conditions during a demonstration and that she had a Molotov cocktail in her hands.
- Medical reports of 14, 15 and 16 August 2011 indicate oedema on the right elbow, ecchymosis of 7x5 cm on the right arm, scratches on both wrists, ecchymosis of 2x1 cm on the right shoulder blade, superficial scratches on the left arm, ecchymosis on the right knee and tibia. Allegation of strip search and rape threats.
- 11 November 2011: decision not to prosecute for lack of evidence.
- 6 April 2012: decision upheld by Üsküdar Assize Court (notification on 12 June 2012).
None