ECHR

The European Court of Human Rights (ECHR) has convicted Turkey of having violated the freedom of expression of İsmail Kara, representative of the Anatolian Support Association for Families of Detainees and Prisoners (Anadolu TAYAD).

Sentenced for criticising prison conditions

Kara had organised several protests in support of relatives of prisoners on 29 November 2000. He had criticised conditions in F-type prisons with a hunger strike and flyers.

Following the indictment prepared by the prosecution in Üsküdar, Istanbul, on 8 February 2001, he was tried for violation of Law 2908 on Associations.

He was sentenced to six months imprisonment by a Criminal Court of First Instance on 27 December 2002; the sentence was converted into a fine, and the sentence was upheld by the Supreme Court of Appeals.

The ECHR decreed unanimously that the sentence represented a violation of Article 10 of the European Convention on Human Rights and awarded Kara 2,613 Euros in damages and legal costs.

The court ruled that Kara was trying to raise awareness about conditions in F-type prisons, and that the flyers handed out encouraged neither violence nor participation in a hunger strike. His sentence was found to be excessive.

ECHR: delay in investigation torture allegations

In another case, the ECHR has penalised Turkey for the torture that four applicants suffered in 1996.

Following an operation against the Marxist Leninist Communist Party (MLKP) 13 years ago, Füsun Erdoğan, İbrahim Çiçek, Birol Paşa and Delil İldan were taken into custody.

The four appealed to the ECHR, saying that their accusations of torture and maltreatment and complaints against detaining officers were processed late and that there was no effective prosecution.

The ECHR decreed unanimously that Article 3 of the European Convention on Human Rights, banning torture and degradation, was violated. The court argued that turkey did not research the accusations fast enough or with enough care.

Each of the applicants has been awarded 10,000 Euros damages, and together they have received another 10,000 Euros legal costs.

Three years detention in new case

Erdoğan and Çiçek were arrested in another case in September 2006. The two journalists are accused of membership in the MLKP and have have been in detention for nearly three years. Their case at the Istanbul 10th Heavy Penal Court continues on 6 November. (EÖ/AG)