European Court of Human Rights Convicts Turkey of Torture

The European Court of Human Rights (ECHR) sentenced Turkey to pay a fine in the amount of 45,000 euros in respect of non-pecuniary damages to Tamer Taylan, a casino operator who was tortured by three police officers after they took him under custody on March 8, 2000 in the northwestern province of Bursa.

Taylan filed the suit against Turkey on the grounds that the three officers had battered and cursed at him and tortured him with electricity. A high criminal court in Bursa then sentenced the officers to 10 months in prison but also suspended the sentence.

Tanay finally brought his case before the ECHR and requested 100,000 euros in respect of non-pecuniary damages, after the Police Headquarters also announced they were not going to take disciplinary action against the officers.

Turkey claimed in its plea that the suspension of the officers' sentence did not violate the third article of the European Convention on Human Rights that prohibits "torture, inhumane or degrading treatment or punishment." Moreover, Turkey also argued that the officers did not go unpenalized, as they would have been sentenced to 10 months in prison if they intentionally committed another crime within a period of five years, in accordance with the regulations that govern the suspension of a sentence, according to the broadcasting station NTVMSNBC.

The ECHR, however, asserted that the suspension of the sentence did nullify the judgement of conviction and consequently sentenced Turkey to pay 45,000 euros to Taylan.

The ECHR concluded that the officers had intentionally performed the acts in question and that the applicant had been beaten and electrified throughout his detention, as also confirmed by the verdict of the Bursa High Criminal Court. (SA/AS)