ECHR Convicts Turkey Twice

Turkish applicant Emrullah Derman won his case before the European Court of Human Rights (ECHR) regarding allegations that "he had been beaten, blindfolded, stripped naked, hosed with water and subjected to falaka (beating on the soles of the feet) when held in police custody".

Additionally, civil servant Mualla Gökçe İçen sued out a compensation at the international court because she was tried and convicted at a military court while she was employed by the Turkish Armed Forces (TSK) as a civil servant.

The ECHR held that the Turkish government was to pay compensation for both applicants.

In the case of Derman, the ECHR found the domestic courts guilty of a violation of Article 3 of the European Convention on Human Rights regarding the prohibition of inhumane and degrading treatment and torture. The Turkish government is to pay € 43,000 to 48-year-old applicant Derman including cost and expenses.

Former shop owner Derman from Istanbul was taken into police custody on suspicion of robbery in 1999. In 2002, Derman applied to the ECHR and alleged ill-treatment and torture in custody.

The ill-treatment in custody was documented by medical reports that confirmed physical injuries as well as a psychological trauma. It was announced that Derman was still receiving treatment for his psychological problems.

The police officers who exposed Derman to the ill-treatment received prison sentences of ten months each. However, the sentences were eventually suspended. The application also pointed to the fact that the punishment of the perpetrators remained ineffective.

Conviction for trying civilian before military court

The Turkish government was furthermore convicted in the context of the application submitted by Mualla Gökçe İçen in 2006. Civil servant İçen was employed by the TSK as an interpreter in 2004. After a series of quarrels, she was tried before a military court and convicted of "disobeying orders and of insulting her Superior". İçen was sentenced to imprisonment of seven months and served half of her punishment in a military prison.

In this case, Turkey was convicted of a violation of Article 6/1 of the Convention on the right to a fair hearing because applicant İçen was prosecuted as a civilian at a military criminal court.

İçen will be paid € 15,000 in compensation. (AS/VK)

Source: ECHR