PROCEDURE

The case originated in an application (no. 53645/10) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Musa Ateşoğlu (“the applicant”), on 2 July 2010.

The applicant was represented by Mr O. Gündoğdu, a lawyer practising in Kars. The Turkish Government (“the Government”) were represented by their Agent.

On 29 November 2012 the application was communicated to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1985 and lives in Kars.

On 27 April 2002 the applicant, who was seventeen years old at the time, was arrested by police officers in Kars, on suspicion of robbery. On the same day, he was examined by a doctor at the Kars State Hospital, and no signs of injury were reported.

At the police station, the applicant was allegedly forced to make self-incriminating statements. During his interrogation, the applicant claims that the police officers pulled his ears and he was beaten and subjected to falaka (beating on the soles of his feet).

On 29 April 2002, following the complaint of the applicant’s representative, the Kars Public Prosecutor went to the police station to see the applicant. According to his report, there were several widespread bruises on the soles of the applicant’s feet and oedema behind his ears. The public prosecutor also noted that the applicant had stated that he had been ill‑treated and that he could identify the police officers who had ill‑treated him. The same day, the applicant identified the four police officers who had ill‑treated him. Following his interrogation by the public prosecutor, the applicant was released.

The applicant was subsequently taken to the Kars State Hospital for a medical examination. According to the doctor’s report, there were several scars on his left arm, bruises and oedema behind his left ear, and bruises on both of his palms and on the soles of his feet. It was noted that his injuries would heal in five days.

On 1 May 2002 the Kars Public Prosecutor initiated criminal proceedings against four police officers, accusing them of ill-treating the applicant under Article 245 of the former Criminal Code. The applicant joined the proceedings as a civil party.

On 9 May 2002 the Kars Criminal Court declared that it lacked jurisdiction, holding that the proceedings should be initiated before the Assize Court on account of torture under Article 243 of the former Criminal Code.

The proceedings therefore resumed before the Kars Assize Court. At the end of the trial, on 15 June 2010 the Kars Assize Court, on the basis of the evidence in the case file, found the police officers guilty of inflicting torture pursuant to Article 243 of the former Criminal Code. The court found it established that the police officers had intentionally ill-treated the applicant to extract a confession. It accordingly sentenced each of the police officers to one year imprisonment under Article 243 of the former Criminal Code, and banned them from public service for six months. Having regard to the good attitude of the police officers during the trial, the court then reduced their sentence to ten months’ imprisonment and five months’ ban from public service. It subsequently suspended the pronouncement of the judgment in accordance with Article 231 of the Code of Criminal Procedure.
NOT_CONFIDENTIAL
check
001-151047_a1_e1
001-151047_a1_em1
CODE
DIRECT
53645/10
NOT_CONFIDENTIAL
check
001-151047_a1_e2
001-151047_a1_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
check
001-151047_a1_e3
001-151047_a1_em3
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
check
001-151047_a1_e4
001-151047_a1_em4
PERSON
DIRECT
Mr Musa Ateşoğlu
NOT_CONFIDENTIAL
check
001-151047_a1_e5
001-151047_a1_em5
DATETIME
QUASI
2 July 2010
NOT_CONFIDENTIAL
check
001-151047_a1_e6
001-151047_a1_em6
PERSON
QUASI
Mr O. Gündoğdu
NOT_CONFIDENTIAL
check
001-151047_a1_e7
001-151047_a1_em7
LOC
QUASI
Kars
NOT_CONFIDENTIAL
check
001-151047_a1_e8
001-151047_a1_em8
ORG
NO_MASK
Turkish Government
NOT_CONFIDENTIAL
check
001-151047_a1_e9
001-151047_a1_em9
DATETIME
QUASI
29 November 2012
NOT_CONFIDENTIAL
check
001-151047_a1_e10
001-151047_a1_em10
DATETIME
QUASI
1985
NOT_CONFIDENTIAL
check
001-151047_a1_e7
001-151047_a1_em11
LOC
QUASI
Kars
NOT_CONFIDENTIAL
check
001-151047_a1_e11
001-151047_a1_em12
DATETIME
QUASI
27 April 2002
NOT_CONFIDENTIAL
correct
001-151047_a1_e12
001-151047_a1_em13
DEM
QUASI
seventeen years old
NOT_CONFIDENTIAL
check
001-151047_a1_e7
001-151047_a1_em14
LOC
QUASI
Kars
NOT_CONFIDENTIAL
check
001-151047_a1_e13
001-151047_a1_em15
ORG
QUASI
Kars State Hospital
NOT_CONFIDENTIAL
check
001-151047_a1_e14
001-151047_a1_em16
DATETIME
QUASI
29 April 2002
NOT_CONFIDENTIAL
correct
001-151047_a1_e15
001-151047_a1_em17
DEM
QUASI
Kars Public Prosecutor
NOT_CONFIDENTIAL
check
001-151047_a1_e13
001-151047_a1_em18
ORG
QUASI
Kars State Hospital
NOT_CONFIDENTIAL
check
001-151047_a1_e16
001-151047_a1_em19
DATETIME
NO_MASK
five days
NOT_CONFIDENTIAL
check
001-151047_a1_e17
001-151047_a1_em20
DATETIME
QUASI
1 May 2002
NOT_CONFIDENTIAL
check
001-151047_a1_e15
001-151047_a1_em21
DEM
QUASI
Kars Public Prosecutor
NOT_CONFIDENTIAL
check
001-151047_a1_e18
001-151047_a1_em22
DATETIME
QUASI
9 May 2002
NOT_CONFIDENTIAL
check
001-151047_a1_e19
001-151047_a1_em23
ORG
QUASI
Kars Criminal Court
NOT_CONFIDENTIAL
check
001-151047_a1_e20
001-151047_a1_em24
ORG
NO_MASK
Assize Court
NOT_CONFIDENTIAL
check
001-151047_a1_e21
001-151047_a1_em25
ORG
QUASI
Kars Assize Court
NOT_CONFIDENTIAL
check
001-151047_a1_e22
001-151047_a1_em26
DATETIME
QUASI
15 June 2010
NOT_CONFIDENTIAL
check
001-151047_a1_e21
001-151047_a1_em27
ORG
QUASI
Kars Assize Court
NOT_CONFIDENTIAL
check
001-151047_a1_e23
001-151047_a1_em28
DATETIME
QUASI
one year
NOT_CONFIDENTIAL
check
001-151047_a1_e24
001-151047_a1_em29
DATETIME
QUASI
six months
NOT_CONFIDENTIAL
insert
001-151047_a1_e25
001-151047_a1_em30
DATETIME
QUASI
ten months
NOT_CONFIDENTIAL
insert
001-151047_a1_e26
001-151047_a1_em31
DATETIME
QUASI
five months
Musa Ateşoğlu
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Musa Ateşoğlu