PROCEDURE

The case originated in an application (no. 29766/03) 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 two Turkish nationals, Mr Umar Karatepe and Ms Sevil Ulaş (“the applicants”), on 22 August 2003.

The applicants were represented by Mr A.T. Ocak, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

The applicants alleged that the treatment to which they had been subjected by police offices during their arrest had amounted to a breach of Article 3 of the Convention.

On 8 December 2006 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1975 and 1978 respectively and live in Istanbul.

On 1 September 2001 at about 7 p.m. the applicants went to the Milli Egemenlik Park in Bakırköy (Istanbul) to attend a meeting, namely the so-called “peace festivities” organised by the Bakırköy branch of the Republican People’s Party (Cumhuriyet Halk Partisi). While they were about to enter the park, the applicants were stopped and searched by the police. The officers found fifty-three copies of a bulletin in a black plastic bag. As the applicants appeared suspicious, the police officers arrested them. The applicants were allegedly beaten up, insulted and threatened with death during their arrest. In particular, two police officers applied pressure to their necks from behind and made them lie down. Following the arrival of two more police officers, they dragged both applicants along the ground, kicked and slapped them and put them in a police car. Once in the car, the police officers continued to punch and slap them, hit them with wooden sticks, insult and threaten them. One of the police officers first sat on the head of Sevil Ulaş and then hit her against the roof of the car. When the applicants asked where they were being taken, one of the officers said: “We are taking you to a stream where your corpses will be found”.

However, according to the arrest and seizure report drafted by two police officers, the applicants were arrested because they had been acting suspiciously. The report further stated that the applicants had resisted the police officers, and had self-inflicted certain scratches and bruises on their bodies during the incident. In particular, Umar Karatepe had hit his elbow on the wall of the park and Sevil Ulaş had bruised her left elbow whilst resisting getting into the police car. The applicants refused to sign this report.

On the same day at about 8 p.m. the applicants were taken to the Bakırköy State Hospital for a medical examination. The doctor who examined the applicants drafted a provisional report. She observed that the first applicant had two scratches on his right elbow and a bruise on his back. As for the second applicant, the presence of a bruise on her left elbow was noted.

On 2 September 2001, at about 1 a.m., the applicants were taken to the Bakırköy State Hospital once again. The same doctor examined the applicants and reiterated her earlier findings in her report. Following this medical examination, the applicants were released.

On 3 September 2001 the Bakırköy Forensic Institute delivered its final report in respect of the applicants. It was stated that the first applicant had several bruises and scratches on his body. In particular, the doctor noted the presence of bruises measuring 3x1 cm, 0.5x0.5 cm, 2x1 cm and 0.5x0.3 cm on the right elbow, a scratch of 2 cm below the bruises described above, an ecchymosis of 6x3 cm on the inner part of the right arm, an ecchymosis of 1x2 cm in the middle inner part of the right biceps, a scratch of 3 cm on the right waist area, two ecchymosis of 1,5x1 cm and 0,3x0,3 cm on the inner middle part of the left biceps and a bruise of 2x2 cm on the inner part of the left elbow.

In respect of the second applicant, the doctor noted the presence of a 3x3 cm swelling in the right occipital temporal region. The report further concluded that both applicants were unfit to work for three days.

Again on 3 September 2001 the applicants filed a criminal complaint with the Bakırköy Public Prosecutor. They complained that the police officers had used excessive force during their arrest. They also stated that a person called Ö.U. had been an eyewitness to the events. Sevil Ulaş complained that in the course of her arrest she had received blows to her head and upper part of her body, that her head had been banged against the window, that her hair had been pulled and that these assaults by police officers had continued in the police car. Umar Karatepe alleged that he had been kicked and slapped during his arrest and that he had been beaten up in the police car on the way to the police station.

In his preliminary investigation report dated 28 December 2001, a senior police lieutenant, acting as the investigator, found that the complainants had shouted political slogans, such as “human dignity will defy torture” and that they hated the police because they had been arrested and detained on a number of occasions in the past and that the medical reports did not indicate the presence of any bruises which could have been caused by ill-treatment. Furthermore, considering that the police officers denied the allegations against them, the investigator concluded that there was no evidence on which to commit the accused for trial.

On 28 December 2001, relying on the investigator’s above report prepared in accordance with Article 5 of Law no. 4483, the Bahçelievler District Governor decided not to authorise the prosecution of the accused police officers. The applicants filed an objection against this decision.

On 9 April 2002 the Istanbul Regional Administrative Court set aside the District Governor’s decision of non-authorisation on the ground that the investigation into the applicants’ allegations was inadequate. The court noted that the investigator had failed to take evidence from the complainants and their witnesses. It therefore asked the District Governor’s office to conduct a new investigation. The District Governor appointed M.A., a police lieutenant, as the new investigator.

Between 30 May 2002 and 14 July 2002 M.A. conducted his investigation into the applicants’ allegations of ill-treatment. Having heard the applicants, police officers and an eyewitness named by the applicants, he found that the medical reports merely indicated the presence of scratches on the arms and hands of the complainants and that there was no indication of physical violence. He therefore concluded that the applicants’ allegations were not corroborated by evidence and that therefore no permission should be given for prosecution of the accused police officers.

In view of the investigator’s above-mentioned conclusion, on 15 July 2002 the Bahçelievler District Governor refused authorisation for the prosecution of the accused police officers.

On 7 October 2002, referring to the Bahçelievler District Governor’s decision, the Bakırköy Public Prosecutor issued a non‑prosecution decision in respect of the accused police officers. The applicants appealed against this decision.

On 17 December 2002 the Eyüp Assize Court dismissed the applicants’ appeal. This decision was notified to the applicants on 26 February 2003.
NOT_CONFIDENTIAL
check
001-87007_a10_e1
001-87007_a10_em1
CODE
DIRECT
29766/03
NOT_CONFIDENTIAL
insert
001-87007_a10_e2
001-87007_a10_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
check
001-87007_a10_e3
001-87007_a10_em3
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
check
001-87007_a10_e4
001-87007_a10_em4
PERSON
DIRECT
Mr Umar Karatepe
NOT_CONFIDENTIAL
check
001-87007_a10_e5
001-87007_a10_em5
PERSON
QUASI
Ms Sevil Ulaş
NOT_CONFIDENTIAL
check
001-87007_a10_e6
001-87007_a10_em6
DATETIME
QUASI
22 August 2003
NOT_CONFIDENTIAL
check
001-87007_a10_e7
001-87007_a10_em7
PERSON
QUASI
Mr A.T. Ocak
NOT_CONFIDENTIAL
check
001-87007_a10_e8
001-87007_a10_em8
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-87007_a10_e2
001-87007_a10_em9
ORG
NO_MASK
001-87007_a10_em2
Turkish Government
NOT_CONFIDENTIAL
check
001-87007_a10_e9
001-87007_a10_em10
DATETIME
QUASI
8 December 2006
NOT_CONFIDENTIAL
check
001-87007_a10_e10
001-87007_a10_em11
DATETIME
QUASI
1975
NOT_CONFIDENTIAL
check
001-87007_a10_e11
001-87007_a10_em12
DATETIME
QUASI
1978
NOT_CONFIDENTIAL
check
001-87007_a10_e8
001-87007_a10_em13
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-87007_a10_e12
001-87007_a10_em14
DATETIME
QUASI
1 September 2001
NOT_CONFIDENTIAL
insert
001-87007_a10_e13
001-87007_a10_em15
DATETIME
QUASI
7 p.m.
NOT_CONFIDENTIAL
insert
001-87007_a10_e14
001-87007_a10_em16
LOC
QUASI
Milli Egemenlik Park
NOT_CONFIDENTIAL
insert
001-87007_a10_e15
001-87007_a10_em17
LOC
QUASI
Bakırköy (Istanbul
NOT_CONFIDENTIAL
check
001-87007_a10_e8
001-87007_a10_em18
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
insert
001-87007_a10_e16
001-87007_a10_em19
MISC
NO_MASK
“peace festivities”
POLITICS
insert
001-87007_a10_e17
001-87007_a10_em20
ORG
QUASI
Bakırköy branch of the Republican People’s Party (Cumhuriyet Halk Partisi)
NOT_CONFIDENTIAL
insert
001-87007_a10_e18
001-87007_a10_em21
QUANTITY
QUASI
fifty-three copies
POLITICS
insert
001-87007_a10_e19
001-87007_a10_em22
MISC
NO_MASK
bulletin in a black plastic bag
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em23
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em24
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em25
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em26
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
insert
001-87007_a10_e20
001-87007_a10_em27
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e5
001-87007_a10_em28
PERSON
QUASI
001-87007_a10_em5
Sevil Ulaş
NOT_CONFIDENTIAL
insert
001-87007_a10_e21
001-87007_a10_em29
MISC
NO_MASK
We are taking you to a stream where your corpses will be found
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em30
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
insert
001-87007_a10_e22
001-87007_a10_em31
MISC
NO_MASK
acting suspiciously.
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em32
DEM
NO_MASK
police officers
HEALTH
insert
001-87007_a10_e23
001-87007_a10_em33
MISC
NO_MASK
scratches and bruises on their bodies
NOT_CONFIDENTIAL
check
001-87007_a10_e4
001-87007_a10_em34
PERSON
DIRECT
001-87007_a10_em4
Umar Karatepe
HEALTH
insert
001-87007_a10_e24
001-87007_a10_em35
MISC
NO_MASK
had hit his elbow on the wall of the park
NOT_CONFIDENTIAL
check
001-87007_a10_e5
001-87007_a10_em36
PERSON
QUASI
Sevil Ulaş
HEALTH
insert
001-87007_a10_e25
001-87007_a10_em37
MISC
NO_MASK
bruised her left elbow whilst resisting getting into the police car
NOT_CONFIDENTIAL
insert
001-87007_a10_e26
001-87007_a10_em38
DATETIME
QUASI
8 p.m.
HEALTH
check
001-87007_a10_e27
001-87007_a10_em39
ORG
NO_MASK
Bakırköy State Hospital
HEALTH
insert
001-87007_a10_e28
001-87007_a10_em40
MISC
NO_MASK
two scratches on his right elbow and a bruise on his back
HEALTH
insert
001-87007_a10_e29
001-87007_a10_em41
MISC
NO_MASK
bruise on her left elbow
NOT_CONFIDENTIAL
check
001-87007_a10_e30
001-87007_a10_em42
DATETIME
QUASI
2 September 2001
NOT_CONFIDENTIAL
insert
001-87007_a10_e31
001-87007_a10_em43
DATETIME
QUASI
1 a.m.
HEALTH
check
001-87007_a10_e27
001-87007_a10_em44
ORG
NO_MASK
Bakırköy State Hospital
NOT_CONFIDENTIAL
check
001-87007_a10_e32
001-87007_a10_em45
DATETIME
QUASI
3 September 2001
NOT_CONFIDENTIAL
check
001-87007_a10_e33
001-87007_a10_em46
ORG
QUASI
Bakırköy Forensic Institute
HEALTH
insert
001-87007_a10_e34
001-87007_a10_em47
MISC
NO_MASK
several bruises and scratches on his body
HEALTH
insert
001-87007_a10_e35
001-87007_a10_em48
MISC
NO_MASK
bruises measuring 3x1 cm, 0.5x0.5 cm, 2x1 cm and 0.5x0.3 cm on the right elbow,
HEALTH
check
001-87007_a10_e36
001-87007_a10_em49
QUANTITY
QUASI
3x1 cm
HEALTH
insert
001-87007_a10_e37
001-87007_a10_em50
QUANTITY
QUASI
0.5x0.5 cm
HEALTH
check
001-87007_a10_e38
001-87007_a10_em51
QUANTITY
QUASI
2x1 cm
HEALTH
correct
001-87007_a10_e39
001-87007_a10_em52
QUANTITY
QUASI
0.5x0.3 cm
HEALTH
insert
001-87007_a10_e40
001-87007_a10_em53
MISC
NO_MASK
scratch of 2 cm below the bruises described above
NOT_CONFIDENTIAL
check
001-87007_a10_e41
001-87007_a10_em54
QUANTITY
QUASI
2 cm
HEALTH
insert
001-87007_a10_e42
001-87007_a10_em55
MISC
NO_MASK
ecchymosis of 6x3 cm on the inner part of the right arm
HEALTH
check
001-87007_a10_e43
001-87007_a10_em56
QUANTITY
QUASI
6x3 cm
HEALTH
insert
001-87007_a10_e44
001-87007_a10_em57
MISC
NO_MASK
ecchymosis of 1x2 cm in the middle inner part of the right biceps
NOT_CONFIDENTIAL
check
001-87007_a10_e45
001-87007_a10_em58
QUANTITY
QUASI
1x2 cm
HEALTH
insert
001-87007_a10_e46
001-87007_a10_em59
MISC
QUASI
scratch of 3 cm on the right waist area
HEALTH
check
001-87007_a10_e47
001-87007_a10_em60
QUANTITY
QUASI
3 cm
HEALTH
insert
001-87007_a10_e48
001-87007_a10_em61
MISC
QUASI
two ecchymosis of 1,5x1 cm and 0,3x0,3 cm on the inner middle part of the left biceps
HEALTH
insert
001-87007_a10_e49
001-87007_a10_em62
QUANTITY
QUASI
1,5x1 cm
HEALTH
insert
001-87007_a10_e50
001-87007_a10_em63
QUANTITY
QUASI
0,3x0,3 cm
HEALTH
insert
001-87007_a10_e51
001-87007_a10_em64
MISC
NO_MASK
bruise of 2x2 cm on the inner part of the left elbow
HEALTH
check
001-87007_a10_e52
001-87007_a10_em65
QUANTITY
QUASI
2x2 cm
HEALTH
check
001-87007_a10_e53
001-87007_a10_em66
QUANTITY
QUASI
3x3 cm
HEALTH
insert
001-87007_a10_e54
001-87007_a10_em67
MISC
NO_MASK
3x3 cm swelling in the right occipital temporal region
NOT_CONFIDENTIAL
check
001-87007_a10_e55
001-87007_a10_em68
DATETIME
QUASI
three days
NOT_CONFIDENTIAL
check
001-87007_a10_e32
001-87007_a10_em69
DATETIME
QUASI
3 September 2001
NOT_CONFIDENTIAL
check
001-87007_a10_e56
001-87007_a10_em70
ORG
QUASI
Bakırköy Public Prosecutor
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em71
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
correct
001-87007_a10_e57
001-87007_a10_em72
PERSON
NO_MASK
Ö.U.
NOT_CONFIDENTIAL
check
001-87007_a10_e5
001-87007_a10_em73
PERSON
QUASI
Sevil Ulaş
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em74
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e4
001-87007_a10_em75
PERSON
DIRECT
Umar Karatepe
NOT_CONFIDENTIAL
check
001-87007_a10_e58
001-87007_a10_em76
DATETIME
QUASI
28 December 2001
NOT_CONFIDENTIAL
insert
001-87007_a10_e59
001-87007_a10_em77
DEM
NO_MASK
senior police lieutenant
POLITICS
insert
001-87007_a10_e60
001-87007_a10_em78
MISC
QUASI
human dignity will defy torture
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em79
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e58
001-87007_a10_em80
DATETIME
QUASI
28 December 2001
NOT_CONFIDENTIAL
correct
001-87007_a10_e61
001-87007_a10_em81
ORG
QUASI
Bahçelievler District Governor
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em82
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
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001-87007_a10_em83
DATETIME
QUASI
9 April 2002
NOT_CONFIDENTIAL
check
001-87007_a10_e63
001-87007_a10_em84
ORG
QUASI
Istanbul Regional Administrative Court
NOT_CONFIDENTIAL
correct
001-87007_a10_e61
001-87007_a10_em85
ORG
NO_MASK
001-87007_a10_em81
District Governor’s
NOT_CONFIDENTIAL
check
001-87007_a10_e61
001-87007_a10_em86
ORG
NO_MASK
District Governor’s
NOT_CONFIDENTIAL
insert
001-87007_a10_e64
001-87007_a10_em87
ORG
NO_MASK
District Governor
NOT_CONFIDENTIAL
check
001-87007_a10_e65
001-87007_a10_em88
PERSON
QUASI
M.A.
NOT_CONFIDENTIAL
insert
001-87007_a10_e66
001-87007_a10_em89
DEM
NO_MASK
police lieutenant
NOT_CONFIDENTIAL
insert
001-87007_a10_e67
001-87007_a10_em90
DATETIME
QUASI
30 May 2002
NOT_CONFIDENTIAL
check
001-87007_a10_e68
001-87007_a10_em91
DATETIME
QUASI
14 July 2002
NOT_CONFIDENTIAL
correct
001-87007_a10_e65
001-87007_a10_em92
PERSON
QUASI
M.A.
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em93
DEM
NO_MASK
police officers
HEALTH
insert
001-87007_a10_e69
001-87007_a10_em94
MISC
NO_MASK
scratches on the arms and hands
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em95
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e70
001-87007_a10_em96
DATETIME
QUASI
15 July 2002
NOT_CONFIDENTIAL
insert
001-87007_a10_e61
001-87007_a10_em97
ORG
QUASI
Bahçelievler District Governor
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em98
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e71
001-87007_a10_em99
DATETIME
QUASI
7 October 2002
NOT_CONFIDENTIAL
correct
001-87007_a10_e72
001-87007_a10_em100
ORG
QUASI
Bahçelievler District Governor’s
NOT_CONFIDENTIAL
check
001-87007_a10_e56
001-87007_a10_em101
ORG
QUASI
Bakırköy Public Prosecutor
NOT_CONFIDENTIAL
check
001-87007_a10_e20
001-87007_a10_em102
DEM
NO_MASK
police officers
NOT_CONFIDENTIAL
check
001-87007_a10_e73
001-87007_a10_em103
DATETIME
QUASI
17 December 2002
NOT_CONFIDENTIAL
check
001-87007_a10_e74
001-87007_a10_em104
ORG
QUASI
Eyüp Assize Court
NOT_CONFIDENTIAL
check
001-87007_a10_e75
001-87007_a10_em105
DATETIME
QUASI
26 February 2003
Umar Karatepe
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Umar Karatepe