PROCEDURE

The case originated in an application (no. 31553/02) 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 Turkish nationals, Mr Sıddık Onay and Mrs Zinnet Onay, on 27 June 2002.

The applicants were represented by Mr M Beştaş, Mr S Karadayı and Mrs M Beştaş, lawyers practising in Diyarbakır. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 12 July 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, Sıddık Onay and Zinnet Onay, were born in 1985 and 1948 respectively and live in Diyarbakır. The second applicant is the mother of the former.

When the first applicant (“the applicant”) was 17 years old, on 25 May 2002 at about 2 p.m. he was arrested at his home by police officers from the Department of Peace and Order attached to the Diyarbakır Security Directorate, on suspicion of involvement in various incidents of bag snatching in Diyarbakır.

According to the report drafted by the police, the arrest took place on 26 May 2002 at 9.50 p.m. on the street outside his residence. The report stated that the police had acted upon the information of a certain M.D., a fellow detainee, who had cited the applicant's name during his interrogation in relation to the bag snatching in Diyarbakır. The report also stated that the applicant's mother had been informed of the arrest and detention.

On 26 May 2002 the applicant was given a medical examination at the Forensic Medicine Institute. A subsequent medical report revealed that there were some blade cuts on his left arm which were three or four days old but, apart from those injuries, no signs of possible ill-treatment were noted. The applicant was then taken into custody at the Peace and Order Department.

On 27 May 2002 at 3.30, 4.15, 4.45, 5.10, 5.35 and 6 p.m., the applicant and M.D. were taken to on-site inspections. A lawyer assigned by the Diyarbakır Bar Association was present during these inspections, when the applicant gave detailed statements as to how he and M.D. had planned and committed the offences.

Around 6.15 p.m. the same day, he was again given a medical examination. The medical report drafted on that occasion recorded no signs of beatings or the use of physical force on the applicant's body. The same day, at the request of the police, the public prosecutor, without seeing the applicant, extended his custody period by two more days under Article 128 § 2 of the former Code of Criminal Procedure. According to the report drafted by the police at 6.25 p.m. on that day, the applicant was handed over to the Juvenile Department of the Security Directorate.

On 28 May 2002 at 10.30 a.m., the applicant was brought for a further medical examination. The medical report prepared on that day noted two bruises of 10 x 2 cm on his right upper arm and a bruise of 5 x 1 cm on his left upper arm just below his shoulder, which were estimated to be two or three days old; some old cutting scars on his arms and chest were also noted. The applicant was given a second medical examination at 4.15 p.m. on the same day. The second medical report confirmed the findings of the first report. These reports both stated that the medical examinations had been performed upon the request of the Peace and Order Department.

On 29 May 2002 the Juvenile Police took the applicant for a medical examination. The forensic medical report prepared on that occasion recorded the old cutting scars on the applicant's body, but no signs of the use of recent physical force were noted.

On the same day the applicant was brought before the public prosecutor. In his statement to the public prosecutor, made in the presence of another duty lawyer, the applicant denied the charges against him. The lawyer claimed that the applicant had been ill-treated whilst in police custody and that he still bore the signs of that treatment. He requested that the applicant be referred to the forensic medicine institute for a complete medical report.

Later the same day, the applicant repeated his allegations of ill-treatment before the investigating judge. He alleged that, after the police officers had apprehended him, they blindfolded him; electric shocks were administered to his body; he was beaten with truncheons and forced to admit to the charges. He showed the marks on his body to the judge. The judge noted a bruise of 7 cm about the thickness of a little finger on the applicant's right upper arm, a bruise of 3 cm the thickness of a little finger just under his left shoulder, a scab-covered lesion under his left kneecap, a swelling on his left ankle and some old blade cuts. The applicant was then remanded in custody.

On 30 May 2002 the applicant's lawyer filed a complaint with the Diyarbakır Public Prosecutor's Office, requesting the public prosecutor to bring criminal proceedings against the police officers who had been on duty when the applicant was in their custody. He also repeated that the applicant should be referred for a full medical examination. Subsequently, the public prosecutor launched an investigation into the applicant's complaint of ill-treatment.

On the same day, the public prosecutor took a detailed statement from the applicant, in which he complained about the police officers and repeated almost the same submissions he had made to the investigating judge, adding that he had not been subjected to further ill-treatment after he had been handed over to the Juvenile Police. He also admitted that the scars on his upper and lower arms as well as his wrist were self-inflicted with metal wire, which he had torn off the cell window, as he could not bear the pain of ill-treatment. After taking the applicant's statement, the public prosecutor issued a letter to the Forensic Medicine Institute, asking for a detailed medical report on the applicant, including an explanation as to the nature and cause of his injuries.

A report submitted by the Forensic Medicine Institute on 30 May 2002 made reference to the previous medical reports dated 26, 27 and 28 May 2002, and drew its own conclusions after the applicant had been examined. It noted that the applicant had a bruise of 5 x 0.5 cm of which the outer line was a green-yellow colour and the centre was purple-dark blue, on the right upper arm, estimated to be three or four days old, and an old scar of 3 x 1 cm on his left kneecap. The bruising was deemed to have been caused by blunt force trauma. The applicant's injures were not regarded as life threatening but classified as sufficient to render him unfit for a day.

On 18 November 2004 the public prosecutor decided not to prosecute the police officers concerned. Referring to all the medical reports, this decision concluded briefly that the lesions had occurred prior to the applicant's arrest and that the scars on his body and arms had been self-inflicted, as he admitted in his statement of 30 May 2002. The applicant challenged this decision before the Siverek Assize Court.

On 19 January 2005 the Assize Court rejected the applicant's objection.
NOT_CONFIDENTIAL
check
001-82319_a2_e1
001-82319_a2_em1
CODE
DIRECT
31553/02
NOT_CONFIDENTIAL
insert
001-82319_a2_e2
001-82319_a2_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
check
001-82319_a2_e3
001-82319_a2_em3
DEM
QUASI
Turkish
NOT_CONFIDENTIAL
check
001-82319_a2_e4
001-82319_a2_em4
PERSON
DIRECT
Mr Sıddık Onay
NOT_CONFIDENTIAL
check
001-82319_a2_e5
001-82319_a2_em5
PERSON
QUASI
001-82319_a2_em14
Mrs Zinnet Onay
NOT_CONFIDENTIAL
check
001-82319_a2_e6
001-82319_a2_em6
DATETIME
QUASI
27 June 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e7
001-82319_a2_em7
PERSON
QUASI
Mr M Beştaş
NOT_CONFIDENTIAL
check
001-82319_a2_e8
001-82319_a2_em8
PERSON
QUASI
Mr S Karadayı
NOT_CONFIDENTIAL
check
001-82319_a2_e9
001-82319_a2_em9
PERSON
QUASI
Mrs M Beştaş
NOT_CONFIDENTIAL
correct
001-82319_a2_e10
001-82319_a2_em10
LOC
QUASI
Diyarbakır
NOT_CONFIDENTIAL
check
001-82319_a2_e2
001-82319_a2_em11
ORG
QUASI
001-82319_a2_em2
Turkish Government
NOT_CONFIDENTIAL
check
001-82319_a2_e11
001-82319_a2_em12
DATETIME
QUASI
12 July 2006
NOT_CONFIDENTIAL
check
001-82319_a2_e4
001-82319_a2_em13
PERSON
DIRECT
001-82319_a2_em4
Sıddık Onay
NOT_CONFIDENTIAL
check
001-82319_a2_e5
001-82319_a2_em14
PERSON
QUASI
Zinnet Onay
NOT_CONFIDENTIAL
check
001-82319_a2_e12
001-82319_a2_em15
DATETIME
QUASI
1985
NOT_CONFIDENTIAL
check
001-82319_a2_e13
001-82319_a2_em16
DATETIME
QUASI
1948
NOT_CONFIDENTIAL
check
001-82319_a2_e10
001-82319_a2_em17
LOC
QUASI
Diyarbakır
NOT_CONFIDENTIAL
correct
001-82319_a2_e14
001-82319_a2_em18
DEM
QUASI
17 years old
NOT_CONFIDENTIAL
check
001-82319_a2_e15
001-82319_a2_em19
DATETIME
QUASI
25 May 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e16
001-82319_a2_em20
DATETIME
QUASI
about 2 p.m.
NOT_CONFIDENTIAL
check
001-82319_a2_e17
001-82319_a2_em21
ORG
NO_MASK
Department of Peace and Order
NOT_CONFIDENTIAL
check
001-82319_a2_e18
001-82319_a2_em22
ORG
QUASI
Diyarbakır Security Directorate
NOT_CONFIDENTIAL
check
001-82319_a2_e10
001-82319_a2_em23
LOC
QUASI
Diyarbakır
NOT_CONFIDENTIAL
check
001-82319_a2_e19
001-82319_a2_em24
DATETIME
QUASI
26 May 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e20
001-82319_a2_em25
DATETIME
QUASI
9.50 p.m.
NOT_CONFIDENTIAL
correct
001-82319_a2_e21
001-82319_a2_em26
PERSON
QUASI
M.D.
NOT_CONFIDENTIAL
check
001-82319_a2_e10
001-82319_a2_em27
LOC
QUASI
Diyarbakır
NOT_CONFIDENTIAL
check
001-82319_a2_e19
001-82319_a2_em28
DATETIME
QUASI
26 May 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e22
001-82319_a2_em29
ORG
NO_MASK
Forensic Medicine Institute
NOT_CONFIDENTIAL
insert
001-82319_a2_e23
001-82319_a2_em30
MISC
QUASI
blade cuts on his left arm
NOT_CONFIDENTIAL
check
001-82319_a2_e24
001-82319_a2_em31
DATETIME
QUASI
three or four days old
NOT_CONFIDENTIAL
check
001-82319_a2_e25
001-82319_a2_em32
ORG
NO_MASK
Peace and Order Department
NOT_CONFIDENTIAL
check
001-82319_a2_e26
001-82319_a2_em33
DATETIME
QUASI
27 May 2002
NOT_CONFIDENTIAL
insert
001-82319_a2_e27
001-82319_a2_em34
DATETIME
QUASI
3.30, 4.15, 4.45, 5.10, 5.35
NOT_CONFIDENTIAL
check
001-82319_a2_e28
001-82319_a2_em35
DATETIME
QUASI
6 p.m.
NOT_CONFIDENTIAL
check
001-82319_a2_e21
001-82319_a2_em36
PERSON
QUASI
M.D.
NOT_CONFIDENTIAL
check
001-82319_a2_e29
001-82319_a2_em37
ORG
QUASI
Diyarbakır Bar Association
NOT_CONFIDENTIAL
check
001-82319_a2_e21
001-82319_a2_em38
PERSON
QUASI
M.D.
NOT_CONFIDENTIAL
check
001-82319_a2_e30
001-82319_a2_em39
DATETIME
QUASI
6.15 p.m.
NOT_CONFIDENTIAL
check
001-82319_a2_e31
001-82319_a2_em40
DATETIME
QUASI
two more days
NOT_CONFIDENTIAL
check
001-82319_a2_e32
001-82319_a2_em41
DATETIME
QUASI
6.25 p.m.
NOT_CONFIDENTIAL
check
001-82319_a2_e33
001-82319_a2_em42
DATETIME
NO_MASK
that day
NOT_CONFIDENTIAL
check
001-82319_a2_e34
001-82319_a2_em43
ORG
NO_MASK
Juvenile Department of the Security Directorate
NOT_CONFIDENTIAL
check
001-82319_a2_e35
001-82319_a2_em44
DATETIME
QUASI
28 May 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e36
001-82319_a2_em45
DATETIME
QUASI
10.30 a.m.
NOT_CONFIDENTIAL
check
001-82319_a2_e33
001-82319_a2_em46
DATETIME
NO_MASK
that day
HEALTH
insert
001-82319_a2_e37
001-82319_a2_em47
MISC
QUASI
two bruises
HEALTH
check
001-82319_a2_e38
001-82319_a2_em48
QUANTITY
QUASI
10 x 2 cm
HEALTH
insert
001-82319_a2_e39
001-82319_a2_em49
MISC
QUASI
right upper arm
HEALTH
insert
001-82319_a2_e40
001-82319_a2_em50
MISC
QUASI
a bruise
HEALTH
check
001-82319_a2_e41
001-82319_a2_em51
QUANTITY
QUASI
5 x 1 cm
HEALTH
insert
001-82319_a2_e42
001-82319_a2_em52
MISC
QUASI
left upper arm just below his shoulder
NOT_CONFIDENTIAL
check
001-82319_a2_e43
001-82319_a2_em53
DATETIME
NO_MASK
two or three days old
HEALTH
insert
001-82319_a2_e44
001-82319_a2_em54
MISC
QUASI
old cutting scars on his arms and chest
NOT_CONFIDENTIAL
check
001-82319_a2_e45
001-82319_a2_em55
DATETIME
QUASI
4.15 p.m.
NOT_CONFIDENTIAL
check
001-82319_a2_e25
001-82319_a2_em56
ORG
NO_MASK
Peace and Order Department
NOT_CONFIDENTIAL
check
001-82319_a2_e46
001-82319_a2_em57
DATETIME
QUASI
29 May 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e47
001-82319_a2_em58
ORG
NO_MASK
Juvenile Police
HEALTH
insert
001-82319_a2_e48
001-82319_a2_em59
MISC
QUASI
old cutting scars on the applicant's body
NOT_CONFIDENTIAL
check
001-82319_a2_e49
001-82319_a2_em60
DATETIME
NO_MASK
Later the same day
HEALTH
check
001-82319_a2_e40
001-82319_a2_em61
MISC
QUASI
a bruise
HEALTH
check
001-82319_a2_e50
001-82319_a2_em62
QUANTITY
QUASI
7 cm
HEALTH
check
001-82319_a2_e39
001-82319_a2_em63
MISC
QUASI
right upper arm
HEALTH
check
001-82319_a2_e40
001-82319_a2_em64
MISC
QUASI
a bruise
NOT_CONFIDENTIAL
check
001-82319_a2_e51
001-82319_a2_em65
QUANTITY
QUASI
3 cm
HEALTH
insert
001-82319_a2_e52
001-82319_a2_em66
MISC
QUASI
his left shoulder
HEALTH
insert
001-82319_a2_e53
001-82319_a2_em67
MISC
QUASI
scab-covered lesion under his left kneecap
HEALTH
insert
001-82319_a2_e54
001-82319_a2_em68
MISC
QUASI
swelling on his left ankle
HEALTH
insert
001-82319_a2_e55
001-82319_a2_em69
MISC
QUASI
old blade cuts
NOT_CONFIDENTIAL
check
001-82319_a2_e56
001-82319_a2_em70
DATETIME
QUASI
30 May 2002
HEALTH
check
001-82319_a2_e57
001-82319_a2_em71
ORG
QUASI
Diyarbakır Public Prosecutor's Office
NOT_CONFIDENTIAL
check
001-82319_a2_e47
001-82319_a2_em72
ORG
NO_MASK
Juvenile Police
HEALTH
insert
001-82319_a2_e58
001-82319_a2_em73
MISC
QUASI
the scars on his upper and lower arms
HEALTH
insert
001-82319_a2_e59
001-82319_a2_em74
MISC
QUASI
his wrist
NOT_CONFIDENTIAL
check
001-82319_a2_e22
001-82319_a2_em75
ORG
NO_MASK
Forensic Medicine Institute
NOT_CONFIDENTIAL
check
001-82319_a2_e22
001-82319_a2_em76
ORG
NO_MASK
Forensic Medicine Institute
NOT_CONFIDENTIAL
check
001-82319_a2_e56
001-82319_a2_em77
DATETIME
QUASI
30 May 2002
NOT_CONFIDENTIAL
insert
001-82319_a2_e60
001-82319_a2_em78
DATETIME
QUASI
26, 27
NOT_CONFIDENTIAL
check
001-82319_a2_e35
001-82319_a2_em79
DATETIME
QUASI
28 May 2002
HEALTH
check
001-82319_a2_e40
001-82319_a2_em80
MISC
QUASI
a bruise
HEALTH
check
001-82319_a2_e61
001-82319_a2_em81
QUANTITY
QUASI
5 x 0.5 cm
HEALTH
insert
001-82319_a2_e62
001-82319_a2_em82
MISC
QUASI
green-yellow colour and the centre was purple-dark blue
HEALTH
check
001-82319_a2_e39
001-82319_a2_em83
MISC
QUASI
right upper arm
NOT_CONFIDENTIAL
check
001-82319_a2_e24
001-82319_a2_em84
DATETIME
NO_MASK
three or four days old
HEALTH
insert
001-82319_a2_e63
001-82319_a2_em85
MISC
QUASI
old scar
HEALTH
check
001-82319_a2_e64
001-82319_a2_em86
QUANTITY
QUASI
3 x 1 cm
HEALTH
insert
001-82319_a2_e65
001-82319_a2_em87
MISC
QUASI
left kneecap
HEALTH
insert
001-82319_a2_e66
001-82319_a2_em88
MISC
QUASI
bruising
NOT_CONFIDENTIAL
check
001-82319_a2_e67
001-82319_a2_em89
DATETIME
QUASI
18 November 2004
HEALTH
insert
001-82319_a2_e68
001-82319_a2_em90
MISC
QUASI
the scars on his body and arms
NOT_CONFIDENTIAL
check
001-82319_a2_e56
001-82319_a2_em91
DATETIME
QUASI
30 May 2002
NOT_CONFIDENTIAL
check
001-82319_a2_e69
001-82319_a2_em92
ORG
QUASI
Siverek Assize Court
NOT_CONFIDENTIAL
check
001-82319_a2_e70
001-82319_a2_em93
DATETIME
QUASI
19 January 2005
NOT_CONFIDENTIAL
check
001-82319_a2_e71
001-82319_a2_em94
ORG
QUASI
Assize Court
Sıddık Onay
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Sıddık Onay