Information Note on the Court’s case-law 15

February 2000

Y.F. v. Turkey (dec.) - 24209/94

Decision 29.2.2000 [Section I]

Article 34

Victim

Applicant complaining of gynaecological examination of his wife following police custody: admissible

The applicant and his wife were taken into police custody on suspicion of being linked to the PKK. Before being brought before the public prosecutor and re leased, the applicant’s wife had to undergo a gynaecological examination although she allegedly strongly refused it. The public prosecutor did not take into consideration her complaint about her allegedly forced examination. Criminal proceedings were initi ated against the applicant and his wife which came to an end with their being acquitted for lack of evidence. Several police officers involved in the police custody were later charged with having, inter alia , violated the private life of the applicant’s wi fe by obliging her to undergo the gynaecological examination. The Assize Court acquitted the police officers notably of having interfered with the private life of the applicant’s wife on the ground that the gynaecological examination had been meant to prev ent a possible accusation of rape. The applicant’s appeal was to no avail.

Admissible under 8: The applicant submitted a statement of his wife, through which she complained of having been forced to undergo a gynaecological examination and claimed that it h ad infringed her right to respect for her private life. It was open to the applicant, as close relative to the victim, to raise a complaint founded on allegations by her of violations of the Convention.

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

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