Information Note on the Court’s case-law 70

December 2004

Biç and Others v. Turkey (dec.) - 55955/00

Decision 2.12.2004 [Section III]

Article 5

Article 5-3

Length of pre-trial detention

Continued detention on remand despite illness: admissible

The applicants’ relative, who was arrested on suspicion of having participated in an attack on a military convoy organised by the PKK, was placed on detention on remand in November 1993. The State Security Court, in September 1995, found there was insufficient evidence to prove his participation in the armed attack, but convicted him of membership of an illegal organisation. This decision was quashed by the Court of Cass ation in 1996 and the case sent back for re-examination. However, the applicants’ relative, who was kept in detention on remand during the course of the trials, had to be operated in the stomach on two occasions and was diagnosed with hepatitis B. He died in hospital in October 1999. On the basis of an autopsy report which established the cause of death as liver cirrhosis, the public prosecutor issued a decision of non-prosecution. The applicants allege that their relative did not receive proper medical tre atment, in breach of the State’s positive obligation to protect the life of those who are in detention. They also complain of the unreasonable length of the detention on remand and of the criminal proceedings.

Admissible under Articles 5 and 6 (reasonable time).

Inadmissible under Article 2: The applicants had not made use of an appeal which was available to challenge the decision of the public prosecutor on non-prosecution: non-exhaustion.

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

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