Information Note on the Court’s case-law 17

April 2000

VeznedaroÄŸlu v. Turkey - 32357/96

Judgment 11.4.2000 [Section II]

Article 3

Inhuman treatment

Alleged ill-treatment in police custody and effectiveness of investigation: violation

Facts : The applicant was arrested in July 1994 on suspicion of belonging to the PKK. She alleges that she was tortured for four days. She claims in particular that she wa s hung by the arms and had electric shocks applied to her mouth and sexual organs and that she was threatened with death and rape. Medical reports prepared prior to her release noted bruising on her arm and leg. She complained to both the public prosecutor and the State Security Court judge before whom she was brought that she had been tortured. She was later acquitted.

Law : Article 3 - It is impossible to establish whether the injuries sustained by the applicant were caused by the police or that she was to rtured to the extent that she claims and the Court was not persuaded that hearing witnesses would make it possible to conclude beyond reasonable doubt that the applicant’s allegations were substantiated. However, the difficulty rests with the failure of th e authorities to investigate her complaints. Her insistence on her complaint of torture, along with the medical evidence in the file, should have been sufficient to alert the public prosecutor to the need to investigate the substance of the complaint, but no steps were taken to obtain further details from her or to question the police officers. In the circumstances, she had laid the basis of an arguable claim that she had been tortured and the authorities’ inertia was inconsistent with their procedural obli gations to investigate.

Conclusion : violation (unanimously).

Article 41 - The Court considered that the applicant must be taken to have suffered some degree of frustration and anguish in regard to the lack of concern displayed by the authorities with respe ct to her complaint and awarded her 1,500 US dollars (USD) in that respect. It also made an award in respect of costs.

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

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