Information Note on the Court’s case-law 22

September 2000

Köksal v. the Netherlands (dec.) - 31725/96

Decision 19.9.2000 [Section I]

Article 2

Article 2-1

Life

Death following ill-treatment during arrest and police custody: admissible

The applicants, Turkish nationals, are respectively the father and son of Hüseyin Köksal, who was arrested for drunken driving and died from a stroke the day following his arrest. He was arrested after a car accident which took place at around 2 a.m. The victim was unable to stand up when the police arrived and was supported by other persons. The applicants allege that, in the course of the arrest, the policemen deliberately banged his head on the ground while he was held down by force. After his arrest, the victim was placed in a cell without having been examined by a doctor beforehand and without undergoing any medical test to assess whether he was inebriated. The victim being stil l prostrate in his cell the following day, a doctor was finally called in the afternoon to examine him. It clearly appeared that he was not under the influence of alcohol at that time and, in view of his persisting critical state of health, he was transfer red to hospital, where he died shortly after. A criminal investigation into his death was launched by the authorities. According to medical examinations, the victim had died as a result of a ruptured aneurysm; the bleeding could have been spontaneous or co uld have resulted from external violence. It could not be determined with absolute certainty whether the victim was drunk at the moment of the accident, although no trace of alcohol could be found in the blood samples taken from the victim prior to his dea th. An autopsy disclosed signs of violence, in particular on the victim’s head. According to a subsequent report by a forensic pathologist, it was likely that the aneurysm had burst while the victim was driving the car, but it could not be excluded that th e use of external violence had worsened the bleeding. One of the policemen involved in his arrest and custody was charged with ill-treating the victim but was acquitted. His acquittal was confirmed by the Court of Appeal, which considered that the physical force used was legitimate for the purposes of the victim’s arrest.

Admissible under Articles 2 and 3.

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

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