ECHR Convicts Turkey in Arm-Losing Inmate Case

The European Court of Human Rights (ECHR) completed the case of Vefa Serdar who lost his arm due to wounds inflicted during Operation Back to Life in 2000. 

Turkey was ordered to pay 15,500 euros to the applicant for violating Article 2 on the lack of effective investigation during the Operation Back to Life - a military intervention to an inmate rebellion in the prison of Çanakkale

Turkey will pay Serdar 8,000 euros (non-pecuniary damage) and 7,500 euros (costs and expenses).

Inmates faced trials

Vefa Serdar is 46 years old now. The case concerned an injury inflicted on him during an anti-riot operation carried out by the police at the prison of Çanakkale.

In October 2000 a hunger strike was started in prisons to protest about a plan to introduce smaller cells for the inmates (new high-security “F-type” prisons”). The police intervened on 19 December 2000 in about twenty Turkish prisons and violent clashes ensued during the operation, codenamed “return to life”.

Injured by a tear-gas canister fired during the operation, he was taken by ambulance to the emergency unit and underwent surgery. He was later transferred to a new prison.

Criminal proceedings concerning 154 inmates, including Mr Serdar, were opened in the spring of 2001, and also concerned 563 members of the police force. 

After an initial ruling by the Assize Court on 16 September 2008 the trial was opened before it in March 2013. The proceedings are still pending to date.

ECHR rulings

Those who were affected or lost their relatives during the operation filed complaints to ECHR. 

Turkey was found guilty in the cases of İsmail Altun and Cuma Şat for “violation of right to life” when authorities didn’t treat the applicants in the aftermath of the operation. 

Using an intervention plan called “Deluge”, the operation left 12 individuals dead. Applicants Erol Arıkan, Dinçer Otluçimen, Turhan Tarakçı and Hacer Arıkan were also compensated for being affected.

On 10 December 2013, Turkey was convicted by ECHR in the case of 20 applicant women who were subjected to the Operation Back to Life. 

Those who were wounded in the operation (Leyla Alp, Gülay İncesu, Sakine Çakmak, Sakine Işık, Aysel Sürücü, Ayşe Cabadak, Meral Kıdır, Duriye Demir, Nazmiye Köle, Ünzile Karabük, Hülya Aydoğan, Meral Kaşoturacak, Birgül İbiş, Filiz Uyan, Fidan Yıldırım, Türkan İpek, Safiye Sel, Süreyya Bulut, Berna Ünsal, Elif Yaş) applied to ECHR. 

The court also ruled that Turkey violated the right to life, ban on torture and ill-treatment and lack of effective investigation. (AS/BM)

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