Turkey Found Guilty in 4 Cases, Ordered to Pay 38,500 Euros

In 4 separate cases, the European Court of Human Rights (ECHR) found Turkey guilty of torture, police murder, suspected soldier death and limitation of defense rights. 

Ruling that Turkey violated Convention Articles 2,3 and 6 more than once, ECHR ordered Turkey to pay applicants a total of 38,500 euros.

Police torture in Diyarbakır

On 28 March 2006, Meydin Athan (39) attended a funeral of PKK guerrillas killed by Turkish Armed Forces (TAF). Police attacked demonstrators, detaining several people including Athan with beating.   On 25 May 2007 the Diyarbakır Assize Court convicted Athan under Article 314 of the Criminal Code for being “a PKK member” and sentenced him to six years and three months’ imprisonment. 

In the meantime, on 18 September 2006, on the basis of the medical reports, the applicant filed a complaint with the Diyarbakır Public Prosecutor alleging ill-treatment by police officers. He also alleged that the doctor who had not found any new traces of ill-treatment was guilty of professional misconduct.

On 27 October 2008 the public prosecutor issued a decision not to prosecute on the ground that the complainant’s statement had not been taken by the police. As he had never been questioned by the police, the public prosecutor considered that the ill-treatment allegations remained abstract. The aforementioned policemen did not even testify within the process. 

Upon that, Athan applied to ECHR. The Court found Turkey guilty of violating Article 3 (lack of torture allegations investigation), ordering the Turkish state to pay Athan 5,000 euros. 

* Click here to read the verdict in English

Police murder in Van

On 16 August 1999, Şaban Cadıroğlu (19) has been assaulted by two police officers on the street in Van province. 

Cadıroğlu saw the police officers he started to run away, but he had to return to pick up a pair of spectacles, which he had dropped. One of the police officers kicked him, causing him to fall down. He hit his head on the edge of the pavement and died instantly. Cadıroğlu started to run away from the police officers but came over faint, collapsed, and died instantly.

The Turkish Government denied the allegations. They stated that as the applicants’ relative tried to run away from the police officers, he had come over faint and died instantly.

Şemsettin Cadıroğlu, Enver Cadıroğlu and İrfan Cadıroğlu applied to ECHR as they had failed to intervene in the criminal proceedings against the accused police officers.

The court found the Turkish government guilty of Şaban Cadıroğlu’s death. 

It also ordered Turkey to pay the applicants 20,000 euros for violating the right to life according to the Convention Article 2. 

* Click here to read the verdict in English 

Suspected soldier death

On 16 October 2008, Hasan Durdu, a petty officer who was on an unconventional war training at Special Forces Headquarters in Ankara, was found dead by a single bullet in his right nostril at chamber B09. 

On the same day, an autopsy report issued by Military Forensics Institute (GATA Adli Tıp Kurumu) stated that “the gun was fired from a long distance”. 

Another report issued by Gendarmerie Criminal Unit found no fingerprints neither on the pistol nor bullet shells. 

Despite the reports, military authorities closed the case, saying that it was a “suicide”. 

Appeals submitted by Emine, Şeref and Halil have also been denied. Family members applied to ECHR. 

It also ordered Turkey to pay the applicants 12,000 euros for violating the right to life according to the Convention Article 2. 

* Click here to read the verdict in French

Limitation of defense rights 

On 26 December 2003, the Istanbul State Security Court convicted Nihat Konak (49) to eighteen years and nine months’ imprisonment for being a leader of the TKP/ML-TIKKO (Communist Party of Turkey/Marxist‑Leninist Turkish Workers and Peasants’ Liberation Army), an “illegal organization”. He is currently jailed in Tekirdag High Security Prison. 

In 1998, he was questioned by police officers on an unspecified date but exercised his right to remain silent. During the questioning, he was not provided with a lawyer.

On 1 April 1998, he was brought before the public prosecutor and the investigating judge at the Istanbul State Security Court where he denied the allegations, in the absence of his lawyer.

ECHR found Turkey guilty of limiting Konak’s defense rights according to Convention Article 6, ordering the Turkish state to pay him 1,500 euros. 

* Click here to read the verdict in English (AS)

* Click here to read the original article in Turkish.