PARTLY DISSENTING OPINION OF JUDGE MULARONI

Unlike the majority, I believe that it is necessary for the Court to examine separately the applicant ' s complaint under Article 14 of the Convention.

After examining tens and tens of similar applications, all lodged, without exception, by Turkish citizens of Kurdish origin, and very often concluding that there was a violation of Articles 2 and 3 of the Convention, the Court should, to my mind, at least consider that there could be a serious problem under Article 14 of the Convention as well.

This does not mean, of course, that in the end the Court will invariably find that there has been a violation of Article 14. However, I cannot agree with the majority approach, which to me is tantamount to considering that the prohibition on discrimination in this type of case is not an important issue.

[1] 1. In a number of documents drawn up by domestic authorities, as well as in the parties’ observations, “Ender Toğcu” was sometimes referred to as “Önder Toğcu”. For consistency, he will be referred to as “Ender Toğcu” throughout this judgment.

[2] This particular detention facility was also referred to by the applicant in his observations as “Jail Forces”, which, in fact, are the detention facilities of the Rapid Reaction Force ( Çevik Kuvvet - literal translation: Agile Forces).