Another ECHR Verdict on Turkey’s Tear Gas Use
The European Court of Human Rights found Turkey guilty in the case of Abdullah Yaş - a protestor who was injured by police tear gas bombs in Diyarbakır in 2006. The Turkish state was ordered to pay 20,000 euros to the applicant.
The case was brought to the court by the application of Human Rights Association Branch in Diyarbakır. The court ruled that Turkey’s use of tear gas in public demonstrations violated the convention, ordering Turkey to pay Abdullah Yaşa 15,000 euros as non-pecuniary damages and 5,000 euros for court expenses.
Abdullah Yaşa, the police violence victim, is still serving in prison for other charges.
Canisters must not be fired in a straight line
“The firing of tear gas in this way using a launcher could not be considered as an appropriate police action, given that it could result in serious injury or even death,” the verdict cited.
“Such a situation did not afford the level of protection of individuals’ physical safety that was required in contemporary democratic societies in Europe.”
Therefore, the court ruled that Turkey violated Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights.
The Court also held that the safeguards surrounding the proper use of tear-gas grenades needed to be strengthened in order to minimize the risk of death and injury resulting from their use.
“Responsible policemen went unpunished”
Reyhan Yalçındağ served as IHD Vice Chairperson in Diyarbakır during the incident in 2006 and is currently Yaşa’s attorney. She said the following:
“It has been 7 years since police violence left 10 dead (including 7 children) and hundreds injured that day. Despite countess complaints and evidences submitted to prosecutors, no law enforcement officers have received neither administrational nor criminal penalties. In addition, one of the child survivors of that case, Abdullah Yaşa, is still serving in prison for other charges.
“This case has closed with impunity like several others. Responsible police officers went unpunished, justice has been ignored. As IHD Diyarbakır Branch, we brought the case to ECHR. None of our efforts to local prosecutors yielded with any results. On the contrary, one victim child has been prosecuted for “assaulting police officers” to clear them out. The court acquitted that kid only in the light of evidences.”
“Today, the court ruled that Turkey’s use of tear gas in public demonstrations violated the convention, ordering Turkey to pay Abdullah Yaşa 15,000 euros as non-pecuniary damages and 5,000 euros for court expenses. Abdullah Yaşa, on the other hand, has received 4.5 years of prison and 18,000 euros for using his right to demonstrate during the hunger strikes across Turkey’s prisons.
“At the end of the day, ECHR award is contradicting Turkish state’s fine for using his freedom to demonstrate. Abdullah is still in prison.”
Previously, ECHR found guilty of violating Article 11 (Oya Ataman v. Turkey) and Article 3 (Ali Güneş v. Turkey)
Convention Article 3 on torture ban: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” (FK/EA/BM)