PROCEDURE

The case originated in an application (no. 7496/03) 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 a Turkish national, Ms Filiz Uyan (“the applicant”), on 3 February 2003.

The applicant was represented by Mrs I.G. Kireçkaya, a lawyer practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent.

On 13 December 2005 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1966 and at the time of the events was serving a prison sentence in the Buca Prison in İzmir.

She had been convicted of being a member of a terrorist organisation and sentenced to twenty-two years’ imprisonment.

On 12 November 2001, following the prison doctor’s referral, the applicant was taken to İzmir-Yesilyurt Atatürk Training and Research Hospital, escorted by three male security officers (two gendarmes and a male prison guard) and one female prison guard, in order to undergo an ultrasound scan by a gynaecologist.

In the hospital the applicant was taken to a consultation room located on the ground floor. The bottom of the consulting room windows was only 50 cm above floor level and the windows were unprotected. The applicant’s handcuffs were not removed and the male security officers refused to leave the consultation room for security reasons. They stated that they would wait behind a folding screen. The applicant refused to be examined in such conditions. Accordingly, the gynaecologist issued a medical report stating that she had not been able to perform the requested ultrasound scan as the patient had not given her consent.

On 14 November 2001 the applicant’s representative applied to the İzmir Public Prosecutor’s Office, accusing the gendarmes and the male prison guard of misconduct, arbitrary treatment and insulting the applicant.

1. The proceedings against the gendarme officers

On 15 November 2001 the İzmir Public Prosecutor’s Office separated the investigation file in respect of the accused gendarme officers, noting that, pursuant to Law no. 4483 on the Prosecution of Civil Servants and Public Officials, permission to prosecute had to be sought from the District Governorship.

On 28 December 2001 the Buca District Governor decided not to authorise the prosecution of the gendarme officers, stating that the applicant’s allegations were unsubstantiated.

The applicant did not file an appeal and the decision became final on 30 January 2002.

2. The proceedings against the male prison guard

On 26 and 27 November 2001 respectively, the İzmir public prosecutor took statements from the male prison guard and the applicant as the complainant.

On 3 December 2001 the public prosecutor decided not to prosecute the prison guard. Referring to the doctor’s note dated 12 November 2001, in which it was stated that no examination had been performed as the applicant had not given her consent, the prosecutor decided that the applicant’s allegations were unsubstantiated.

On 29 July 2002 the Karşıyaka Assize Court dismissed the applicant’s appeal against that decision.

3. The proceedings against the doctor

In the meantime, on 23 January 2002, the applicant’s lawyer filed a complaint with the İzmir Medical Association (İzmir Tabip Odası) against the doctor who had not asked the male security officers to leave the room or remove the applicant’s handcuffs.

On 8 April 2002 the İzmir Medical Association found it unnecessary to initiate criminal proceedings against the doctor, holding that she had not treated the applicant disrespectfully.

The applicant objected and on 5 October 2002 the Turkish Medical Association (Türk Tabipleri Birliği) quashed that decision.

On 23 January 2003 the İzmir Medical Association examined the file once again and decided to issue the doctor with a warning for professional misconduct, namely for not taking the initiative to request the male security officers to leave the consultation room or remove the applicant’s handcuffs, as required by ethical rules.
NOT_CONFIDENTIAL
check
001-90448_a6_e1
001-90448_a6_em1
CODE
DIRECT
7496/03
NOT_CONFIDENTIAL
insert
001-90448_a6_e2
001-90448_a6_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
check
001-90448_a6_e3
001-90448_a6_em3
DEM
QUASI
Turkish
NOT_CONFIDENTIAL
check
001-90448_a6_e4
001-90448_a6_em4
PERSON
DIRECT
Ms Filiz Uyan
NOT_CONFIDENTIAL
check
001-90448_a6_e5
001-90448_a6_em5
DATETIME
QUASI
3 February 2003
NOT_CONFIDENTIAL
check
001-90448_a6_e6
001-90448_a6_em6
PERSON
QUASI
Mrs I.G. Kireçkaya
NOT_CONFIDENTIAL
insert
001-90448_a6_e7
001-90448_a6_em7
LOC
QUASI
İzmir
NOT_CONFIDENTIAL
check
001-90448_a6_e2
001-90448_a6_em8
ORG
NO_MASK
001-90448_a6_em2
Turkish Government
NOT_CONFIDENTIAL
check
001-90448_a6_e8
001-90448_a6_em9
DATETIME
QUASI
13 December 2005
NOT_CONFIDENTIAL
check
001-90448_a6_e9
001-90448_a6_em10
DATETIME
QUASI
1966
NOT_CONFIDENTIAL
correct
001-90448_a6_e10
001-90448_a6_em11
ORG
QUASI
Buca Prison
NOT_CONFIDENTIAL
check
001-90448_a6_e7
001-90448_a6_em12
LOC
QUASI
İzmir
NOT_CONFIDENTIAL
check
001-90448_a6_e11
001-90448_a6_em13
DATETIME
QUASI
twenty-two years
NOT_CONFIDENTIAL
check
001-90448_a6_e12
001-90448_a6_em14
DATETIME
QUASI
12 November 2001
NOT_CONFIDENTIAL
insert
001-90448_a6_e13
001-90448_a6_em15
ORG
QUASI
İzmir-Yesilyurt Atatürk Training and Research Hospital
NOT_CONFIDENTIAL
insert
001-90448_a6_e14
001-90448_a6_em16
QUANTITY
QUASI
50 cm
NOT_CONFIDENTIAL
check
001-90448_a6_e15
001-90448_a6_em17
DATETIME
QUASI
14 November 2001
NOT_CONFIDENTIAL
check
001-90448_a6_e16
001-90448_a6_em18
ORG
QUASI
İzmir Public Prosecutor’s Office
NOT_CONFIDENTIAL
check
001-90448_a6_e17
001-90448_a6_em19
DATETIME
QUASI
15 November 2001
NOT_CONFIDENTIAL
check
001-90448_a6_e16
001-90448_a6_em20
ORG
QUASI
İzmir Public Prosecutor’s Office
NOT_CONFIDENTIAL
check
001-90448_a6_e18
001-90448_a6_em21
ORG
QUASI
Prosecution of Civil Servants and Public Officials
NOT_CONFIDENTIAL
check
001-90448_a6_e19
001-90448_a6_em22
DATETIME
QUASI
28 December 2001
NOT_CONFIDENTIAL
check
001-90448_a6_e20
001-90448_a6_em23
LOC
QUASI
Buca District
NOT_CONFIDENTIAL
check
001-90448_a6_e21
001-90448_a6_em24
DATETIME
QUASI
30 January 2002
NOT_CONFIDENTIAL
insert
001-90448_a6_e22
001-90448_a6_em25
DATETIME
QUASI
26 and 27 November 2001
NOT_CONFIDENTIAL
check
001-90448_a6_e7
001-90448_a6_em26
LOC
QUASI
İzmir
NOT_CONFIDENTIAL
check
001-90448_a6_e23
001-90448_a6_em27
DATETIME
QUASI
3 December 2001
NOT_CONFIDENTIAL
check
001-90448_a6_e12
001-90448_a6_em28
DATETIME
QUASI
12 November 2001
NOT_CONFIDENTIAL
check
001-90448_a6_e24
001-90448_a6_em29
DATETIME
QUASI
29 July 2002
NOT_CONFIDENTIAL
check
001-90448_a6_e25
001-90448_a6_em30
ORG
NO_MASK
Karşıyaka Assize Court
NOT_CONFIDENTIAL
check
001-90448_a6_e26
001-90448_a6_em31
DATETIME
QUASI
23 January 2002
NOT_CONFIDENTIAL
check
001-90448_a6_e27
001-90448_a6_em32
ORG
QUASI
İzmir Medical Association
NOT_CONFIDENTIAL
insert
001-90448_a6_e27
001-90448_a6_em33
ORG
QUASI
001-90448_a6_em32
İzmir Tabip Odas
NOT_CONFIDENTIAL
check
001-90448_a6_e28
001-90448_a6_em34
DATETIME
QUASI
8 April 2002
NOT_CONFIDENTIAL
check
001-90448_a6_e27
001-90448_a6_em35
ORG
QUASI
İzmir Medical Association
NOT_CONFIDENTIAL
check
001-90448_a6_e29
001-90448_a6_em36
DATETIME
QUASI
5 October 2002
NOT_CONFIDENTIAL
check
001-90448_a6_e30
001-90448_a6_em37
ORG
QUASI
Turkish Medical Association
NOT_CONFIDENTIAL
insert
001-90448_a6_e30
001-90448_a6_em38
ORG
QUASI
001-90448_a6_em37
Türk Tabipleri Birliği
NOT_CONFIDENTIAL
check
001-90448_a6_e31
001-90448_a6_em39
DATETIME
QUASI
23 January 2003
NOT_CONFIDENTIAL
check
001-90448_a6_e27
001-90448_a6_em40
ORG
QUASI
İzmir Medical Association
Filiz Uyan
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Filiz Uyan