SECOND SECTION

Application no. 58053/10 Serkan DURSUN against Turkey lodged on 18 August 2010

STATEMENT OF FACTS

The applicant, Mr Serkan Dursun , is a Turkish national, who was born in 1973 and is currently serving his prison sentence in the Diyarbakır D-type Prison. He is represented before the Court by Mr H. Dursun.

The facts of the case, as submitted by the applicant, may be summarised as follows.

The applicant is disabled. Both of his legs have been amputated from below the knees. He also suffers from loss of movement in his left shoulder resulting from the defective union of the bones following a fracture.

On an unspecified date, the applicant was taken into police custody and interrogated, allegedly for thirty days. Criminal proceedings were initiated against him and on 15 December 2005 the Diyarbakır Assize Court found the applicant guilty of c arr ying out activities for the purpose of bringing about the secession of part of the national territory , and sentenced him to life imprisonment. On 26 June 2006 the Court of Cassation upheld the decision.

According to the documents in the file, the applicant was initially held in the Diyarbakır Prison. In 2008, the applicant was transferred to the Bitlis Prison. After spending four months in the Bitlis Prison, the applicant was subsequently transferred to the Diyarbakır Pri son in order to obtain prosthese s for his legs. According to his submissions, he was transferred back to the Erzurum Prison before his medical treatment had been terminated. The applicant asserted that the prison conditions in Erzurum was not adapted to his specific needs. The prison was not designed for disabled inmates and he had experienced practical difficulties in carry ing out his daily tasks. In particular, he had had difficulty in using the toilet facilities and in moving around the prison, as there were stairs everywhere.

T he applicant submitted several petitions to the domestic authorities, complaining about the inadequate conditions in the Erzurum Prison. In particular, he applied to the Ministry of Justice and the Public Prosecutor, explaining the difficulties he was facing in his daily life. He requested his transfer to the Diyarbakır Prison. The Ministry of Justice rejected his requests on 19 March and 24 June 2009 respectively . Without referring to the conditions in the Erzurum Prison , it was reported that the applicant ’ s medical treatment could also be continued in the Erzuru m Training and Research Hospital .

In March 2010, the applicant applied to the Enforcement Court j udge and sought his immediate transfer to the Diyarbakır Prison , where he would be provided with adequate facilities for the disabled . It appears that the applicant was transferred to the Diyarbakır D-type prison in April 2010.

COMPLAINT

The applicant alleges that, having regard to his physical disability and special needs, the conditions of his detention in the Erzurum Prison constituted a breach of Article 3 of the Convention.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention in respect of his complaint relating to the inadequate detention conditions in the Erzurum Prison ?

2. Did the conditions of the applicant ’ s incarceration at the Erzurum Prison amount to inhuman or degrading treatment in breach of Article 3 of the Convention?

In that regard, the Government are required to provide detailed information about the conditions in which the applicant was detained, including information about access to the toilets, natural light, fresh air, food and outdoor activities.

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