PROCEDURE

The case originated in an application (no. 42234/02) 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 a Turkish national, Mr Mehmet Ümit Erdem (“the applicant”), on 7 October 2002.

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

On 2 May 2007 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 applicant was born in 1976 and lives in Istanbul where he practises as a lawyer.

A. The events of 14 October 2001

According to the official documents, including transcription of data from the police camera, a number of political parties and non‑governmental organisations wanted to hold an anti-war gathering in Istanbul’s Şişli Square on 14 October 2001. However, the Istanbul Governor did not permit it. On that day, at around 11.30 a.m., a group of about 500 people carrying the flags of these parties started to walk towards the ferry boat station at the Kadıköy Square. The organisers were warned, with megaphones, that the gathering was unlawful, that they could not make press statements at that place and that if they did not disperse the police would have to resort to force. The crowd were shouting out slogans like “Yankee go home”, “No to imperialist and colonial war”, “Terrorist America”, “Money for education and health and not for war”, “the Middle East will be the grave of imperialism”. As Mr L.T., head of the EMEP party, despite warnings, continued to make an oral press statement, the Rapid Response Force (Çevik Kuvvet) intervened and arrested forty-six persons who had resisted dispersing.

In the application form, the applicant claimed that he was in the crowd that day when police officers from the Rapid Response Force used excessive force on them. He submitted that, although he did not resist, the police, without any prior warning, sprayed pepper gas in his face, hit him with their truncheons and kicked him. As a result of having been sprayed with pepper gas, the applicant had a burning sensation in his eyes and face and had difficulty breathing. After having been kicked and beaten up with truncheons, he felt pain in his arms, legs, chest and ribs. Afterwards, the applicant stayed in the Kadıköy area in order to assist the injured and to note the names of persons who were being taken into custody. He then witnessed a high-ranking police officer beating up a person and taking him into custody. The same officer then started swearing at the applicant and pushed him about. A number of police officers then sent the applicant away from the area.

B. The criminal investigation of the applicant’s complaint of ill‑treatment

Approximately two hours after the incident, the applicant went to the office of the Kadıköy prosecutor and made an official complaint about the treatment to which he had been subjected by police officers and asked to be referred to a hospital. In particular, he stated that while the press release was being read, the rapid response forces had, without prior warning, started spraying pepper gas and hitting them. He submitted that he had received blows to his back and had been kicked. The applicant claimed that since the police officers had masks it was not possible for him to identify the perpetrators.

The same day the applicant was examined by a doctor at the Numune hospital who found 3 x 15 cm of hyperaemia (increases of blood flow in tissue) in an area on the right side of the applicant’s back, sensitivity in the right femur and pain in his right shoulder. He was transferred to an orthopaedist who noted ecchymotic regions on the applicant’s right arm and back. The applicant was also examined by another doctor at another hospital who found hyperaemic regions on the right arm and costal-vertebral region. It appears that a number of X-rays were also taken on this day.

The following day the applicant was examined by the Kadıköy branch of the Forensic Medicine Directorate. The doctor found no trauma apart from pain in the applicant’s right shoulder.

On 22 October 2001 a doctor who examined the applicant’s X‑rays noted that he had a closed fracture on the right eleventh costal cartilage.

On 5 November 2001 the Kadıköy public prosecutor requested authorisation from the Istanbul governor in order to be able to prosecute the police officers allegedly responsible for the applicant’s ill-treatment. This request was made pursuant to Law No. 4483 on the Trial of State Employees and other Public Servants.

On 19 November 2001 the applicant was examined by a doctor who found that the applicant was suffering from lumbago and recommended ten days’ rest.

On 11 December 2001 an Istanbul deputy police chief was appointed to carry out a preliminary investigation on behalf of the governor of the applicant’s allegations of ill-treatment.

On the same day the deputy police chief prepared his report and submitted it to the governor’s office. It recommended that authorisation for prosecution should be declined. It appears from the report that, in the course of its preparation, the police chief had regard to an incident report of 14 October 2001, drawn up by the police officers who had taken part in dispersing the crowd, as well as verbatim records of video footage of the incident. According to the police chief’s report, police officers had had to use force to disperse the demonstrators as the demonstrators had failed to comply with an order to disperse. The applicant was not “one of the persons who had been taken into custody after the incidents”. The report further stated that the police officers who had taken part in the incident had since been reminded about how to perform their functions during a demonstration.

On 24 December 2001 the Istanbul governor, on the basis of the information contained in the deputy police chief’s report and statements, declined to grant the necessary authorisation for their prosecution.

On 18 January 2002, and within the relevant time limit, the applicant lodged an objection to the governor’s decision with the Regional Administrative Court. The applicant submitted, inter alia, that one of the chiefs of the Rapid Response Force had sworn at him before he was forcefully removed from the area by police officers and that he would be able to recognise this man if he ever saw him again. Referring to his medical reports, the applicant claimed that he was still under treatment.

In the meantime, on 8 January 2002, the Kadıköy prosecutor decided, on the basis of the governor’s decision of 21 November 2001, not to bring any criminal proceedings against the security forces at the Rapid Force Department of the Istanbul Security Headquarters. An objection by the applicant to this decision was dismissed by the Üsküdar Assize Court on 15 March 2002.

On 2 May 2002 the Istanbul Regional Administrative Court upheld the Istanbul Governor’s decision.
NOT_CONFIDENTIAL
check
001-87596_a10_e1
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CODE
DIRECT
42234/02
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insert
001-87596_a10_e2
001-87596_a10_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
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001-87596_a10_e3
001-87596_a10_em3
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
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001-87596_a10_e4
001-87596_a10_em4
PERSON
DIRECT
Mr Mehmet Ümit Erdem
NOT_CONFIDENTIAL
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001-87596_a10_e5
001-87596_a10_em5
DATETIME
QUASI
7 October 2002
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001-87596_a10_e6
001-87596_a10_em6
PERSON
DIRECT
Mr A.T. Ocak
NOT_CONFIDENTIAL
check
001-87596_a10_e7
001-87596_a10_em7
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-87596_a10_e2
001-87596_a10_em8
ORG
NO_MASK
001-87596_a10_em2
Turkish Government
NOT_CONFIDENTIAL
check
001-87596_a10_e8
001-87596_a10_em9
DATETIME
QUASI
2 May 2007
NOT_CONFIDENTIAL
check
001-87596_a10_e9
001-87596_a10_em10
DATETIME
QUASI
1976
NOT_CONFIDENTIAL
check
001-87596_a10_e7
001-87596_a10_em11
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-87596_a10_e10
001-87596_a10_em12
DATETIME
QUASI
14 October 2001
NOT_CONFIDENTIAL
insert
001-87596_a10_e11
001-87596_a10_em13
ORG
NO_MASK
political parties
NOT_CONFIDENTIAL
insert
001-87596_a10_e12
001-87596_a10_em14
ORG
NO_MASK
non‑governmental organisations
NOT_CONFIDENTIAL
insert
001-87596_a10_e13
001-87596_a10_em15
MISC
NO_MASK
anti-war gathering
NOT_CONFIDENTIAL
check
001-87596_a10_e7
001-87596_a10_em16
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-87596_a10_e14
001-87596_a10_em17
LOC
QUASI
Şişli Square
NOT_CONFIDENTIAL
check
001-87596_a10_e10
001-87596_a10_em18
DATETIME
QUASI
14 October 2001
NOT_CONFIDENTIAL
correct
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001-87596_a10_em19
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
insert
001-87596_a10_e15
001-87596_a10_em20
ORG
QUASI
Istanbul Governor
NOT_CONFIDENTIAL
check
001-87596_a10_e16
001-87596_a10_em21
DATETIME
QUASI
that day
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insert
001-87596_a10_e17
001-87596_a10_em22
DATETIME
QUASI
11.30 a.m
NOT_CONFIDENTIAL
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001-87596_a10_e18
001-87596_a10_em23
QUANTITY
QUASI
500 people
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001-87596_a10_e19
001-87596_a10_em24
LOC
QUASI
ferry boat station
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001-87596_a10_e20
001-87596_a10_em25
LOC
QUASI
Kadıköy Square
NOT_CONFIDENTIAL
insert
001-87596_a10_e21
001-87596_a10_em26
MISC
QUASI
Yankee go home
NOT_CONFIDENTIAL
insert
001-87596_a10_e22
001-87596_a10_em27
MISC
QUASI
No to imperialist and colonial war
NOT_CONFIDENTIAL
insert
001-87596_a10_e23
001-87596_a10_em28
MISC
QUASI
Terrorist America
NOT_CONFIDENTIAL
insert
001-87596_a10_e24
001-87596_a10_em29
MISC
QUASI
Money for education and health and not for war
NOT_CONFIDENTIAL
insert
001-87596_a10_e25
001-87596_a10_em30
MISC
QUASI
the Middle East will be the grave of imperialism
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check
001-87596_a10_e26
001-87596_a10_em31
PERSON
QUASI
Mr L.T.
POLITICS
insert
001-87596_a10_e27
001-87596_a10_em32
ORG
QUASI
EMEP
NOT_CONFIDENTIAL
insert
001-87596_a10_e28
001-87596_a10_em33
ORG
NO_MASK
Rapid Response Force (Çevik Kuvvet)
NOT_CONFIDENTIAL
insert
001-87596_a10_e29
001-87596_a10_em34
QUANTITY
QUASI
forty-six persons
NOT_CONFIDENTIAL
check
001-87596_a10_e16
001-87596_a10_em35
DATETIME
QUASI
that day
NOT_CONFIDENTIAL
insert
001-87596_a10_e30
001-87596_a10_em36
ORG
NO_MASK
Rapid Response Force
NOT_CONFIDENTIAL
insert
001-87596_a10_e31
001-87596_a10_em37
MISC
NO_MASK
pepper gas
NOT_CONFIDENTIAL
insert
001-87596_a10_e32
001-87596_a10_em38
MISC
NO_MASK
hit him with their truncheons and kicked him
NOT_CONFIDENTIAL
check
001-87596_a10_e31
001-87596_a10_em39
MISC
NO_MASK
pepper gas
HEALTH
insert
001-87596_a10_e33
001-87596_a10_em40
MISC
NO_MASK
burning sensation in his eyes and face
HEALTH
insert
001-87596_a10_e34
001-87596_a10_em41
MISC
NO_MASK
difficulty breathing
HEALTH
insert
001-87596_a10_e35
001-87596_a10_em42
MISC
NO_MASK
pain in his arms, legs, chest and ribs
NOT_CONFIDENTIAL
insert
001-87596_a10_e36
001-87596_a10_em43
LOC
QUASI
Kadıköy
NOT_CONFIDENTIAL
insert
001-87596_a10_e37
001-87596_a10_em44
DEM
NO_MASK
high-ranking police officer
NOT_CONFIDENTIAL
insert
001-87596_a10_e38
001-87596_a10_em45
DATETIME
QUASI
two hours
NOT_CONFIDENTIAL
insert
001-87596_a10_e39
001-87596_a10_em46
ORG
QUASI
Kadıköy prosecutor
NOT_CONFIDENTIAL
insert
001-87596_a10_e40
001-87596_a10_em47
ORG
NO_MASK
rapid response forces
NOT_CONFIDENTIAL
check
001-87596_a10_e31
001-87596_a10_em48
MISC
NO_MASK
pepper gas
NOT_CONFIDENTIAL
check
001-87596_a10_e41
001-87596_a10_em49
DATETIME
NO_MASK
same day
HEALTH
insert
001-87596_a10_e42
001-87596_a10_em50
ORG
NO_MASK
Numune hospital
HEALTH
check
001-87596_a10_e43
001-87596_a10_em51
QUANTITY
QUASI
3 x 15 cm
HEALTH
insert
001-87596_a10_e44
001-87596_a10_em52
DEM
NO_MASK
hyperaemia (increases of blood flow in tissue)
HEALTH
insert
001-87596_a10_e45
001-87596_a10_em53
MISC
NO_MASK
sensitivity in the right femur
HEALTH
insert
001-87596_a10_e46
001-87596_a10_em54
MISC
NO_MASK
pain in his right shoulder
HEALTH
insert
001-87596_a10_e47
001-87596_a10_em55
DEM
NO_MASK
ecchymotic regions
HEALTH
insert
001-87596_a10_e48
001-87596_a10_em56
MISC
NO_MASK
ecchymotic regions on the applicant’s right arm and back
HEALTH
insert
001-87596_a10_e49
001-87596_a10_em57
DEM
NO_MASK
hyperaemic regions
HEALTH
insert
001-87596_a10_e50
001-87596_a10_em58
MISC
NO_MASK
hyperaemic regions on the right arm and costal-vertebral region
NOT_CONFIDENTIAL
check
001-87596_a10_e51
001-87596_a10_em59
DATETIME
NO_MASK
this day
NOT_CONFIDENTIAL
check
001-87596_a10_e52
001-87596_a10_em60
DATETIME
NO_MASK
following day
NOT_CONFIDENTIAL
insert
001-87596_a10_e53
001-87596_a10_em61
ORG
QUASI
Kadıköy branch
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check
001-87596_a10_e54
001-87596_a10_em62
ORG
NO_MASK
Forensic Medicine Directorate
NOT_CONFIDENTIAL
check
001-87596_a10_e55
001-87596_a10_em63
DATETIME
QUASI
22 October 2001
HEALTH
insert
001-87596_a10_e56
001-87596_a10_em64
DEM
NO_MASK
closed fracture
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check
001-87596_a10_e57
001-87596_a10_em65
DATETIME
QUASI
5 November 2001
NOT_CONFIDENTIAL
insert
001-87596_a10_e58
001-87596_a10_em66
ORG
QUASI
Kadıköy public prosecutor
NOT_CONFIDENTIAL
correct
001-87596_a10_e7
001-87596_a10_em67
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
insert
001-87596_a10_e59
001-87596_a10_em68
ORG
QUASI
Istanbul governor
NOT_CONFIDENTIAL
check
001-87596_a10_e60
001-87596_a10_em69
DATETIME
QUASI
19 November 2001
HEALTH
insert
001-87596_a10_e61
001-87596_a10_em70
DEM
NO_MASK
suffering from lumbago
NOT_CONFIDENTIAL
check
001-87596_a10_e62
001-87596_a10_em71
DATETIME
QUASI
ten days’
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001-87596_a10_e63
001-87596_a10_em72
DATETIME
QUASI
11 December 2001
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001-87596_a10_e7
001-87596_a10_em73
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
insert
001-87596_a10_e64
001-87596_a10_em74
ORG
QUASI
Istanbul deputy police chief
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001-87596_a10_e41
001-87596_a10_em75
DATETIME
NO_MASK
same day
NOT_CONFIDENTIAL
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001-87596_a10_em76
DATETIME
QUASI
14 October 2001
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001-87596_a10_e65
001-87596_a10_em77
MISC
NO_MASK
one of the persons who had been taken into custody after the incidents
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001-87596_a10_e66
001-87596_a10_em78
DATETIME
QUASI
24 December 2001
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001-87596_a10_e7
001-87596_a10_em79
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
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001-87596_a10_e59
001-87596_a10_em80
ORG
QUASI
Istanbul governor
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DATETIME
QUASI
18 January 2002
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ORG
NO_MASK
Regional Administrative Court
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001-87596_a10_em83
ORG
NO_MASK
Rapid Response Force
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001-87596_a10_e69
001-87596_a10_em84
DATETIME
QUASI
8 January 2002
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001-87596_a10_em85
ORG
QUASI
Kadıköy prosecutor
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001-87596_a10_em86
DATETIME
QUASI
21 November 2001
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001-87596_a10_em87
ORG
NO_MASK
Rapid Force Department
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001-87596_a10_em88
ORG
QUASI
Istanbul Security Headquarters
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001-87596_a10_em89
ORG
QUASI
Üsküdar Assize Court
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001-87596_a10_e74
001-87596_a10_em90
DATETIME
QUASI
15 March 2002
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001-87596_a10_em91
DATETIME
QUASI
2 May 2002
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001-87596_a10_em92
ORG
QUASI
Istanbul Regional Administrative Court
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001-87596_a10_e7
001-87596_a10_em93
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
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001-87596_a10_e15
001-87596_a10_em94
ORG
QUASI
Istanbul Governor
Mehmet Ümit Erdem
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Mehmet Ümit Erdem