Case of European Court of Human Rights, January 18, 2000 (case KALIN, GEZER AND ÖTEBAY v. TURKEY)

Extract

---

Case of European Court of Human Rights, January 18, 2000 (case KALIN, GEZER AND ÖTEBAY v. TURKEY)

FIRST SECTION

DECISION

AS TO THE ADMISSIBILITY OF

3 applications against Turkey

Application no. 24849/94 Application no. 24850/94 Application no. 24941/94

by Talip KALIN by Ali GEZER by Ekrem öTEBAY

The European Court of Human Rights (First Section) sitting on 18 January 2000 as a Chamber composed of

Mrs E. Palm, President,

Mr J. Casadevall,

Mr Gaukur Jörundsson,

Mr C. Bîrsan,

Mrs W. Thomassen,

Mr R. Maruste, judges,

Mr F. Gölcüklü, ad hoc judge,

and Mr M. O'Boyle, Section Registrar;

Having regard to Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Having regard to the applications introduced on 1 August 1994 by Talip Kalın and Ali Gezer registered on 8 August 1994 and by Ekrem ötebay registered on 19 August 1994 against Turkey under files no.s 24849/94, 24850/94 and 24941/94;

Having regard to the reports provided for in Rule 49 of the Rules of Court;

Having regard to the observations submitted by the respondent Government on 26 May 1999 and the observations in reply submitted by the applicants on 19 August 1997;

Having deliberated;

Decides as follows:

THE FACTS

The applicants are Turkish citizens and reside in Ağrı, Kahramanmaraş and Muş respectively. The first applicant was born in 1967, the second and the third applicants in 1973. They are all represented before the Court by Mr Talat Tepe, a lawyer practising in Istanbul.

The facts of the case, as submitted by the parties, may be summarised as follows.

Application no. 24849/94

On 17 February 1994 the applicant was taken into police custody in Istanbul on suspicion of membership of the PKK. According to the official document prepared by police officers from the Istanbul Police Headquarters the applicant appears to have been arrested and taken into custody on 24 February 1994.

The applicant alleges that when he was brought to the police headquarters he was beaten, hit with the butt of a rifle and subjected to insults. He further claims that his genitals were squeezed and that he was physically and psychologically ill-treated.

On 28 February 1994 the applicant was interrogated by police officers. During his questioning he confessed in detail to his involvement in the illegal activities of the PKK. The applicant claims that he was tort...

See the full content of this document

---