PROCEDURE

The case originated in two applications (nos. 29612/05 and 30668/05) 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 Serdar Güler and Mr Savaş Kurtuluş Öngel (“the applicants”), on 3 August 2005.

The applicants were represented by Mrs Y. Yeşilyurt, a lawyer practising in İstanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 15 September 2009 the President of the Second Section decided to give notice of the applications to the Government. It was also decided to rule on the admissibility and merits of the applications at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1977 and 1979 respectively.

On 29 June 2004 a large group of demonstrators, including the applicants, gathered in Istiklal Street in front of the Galatasaray High School in Istanbul to attend the reading out of a statement to the press in protest against the NATO summit which was being held in Istanbul on 28-29 June 2004. The demonstration was organised by KESK (Kamu Emekçileri Sendikaları Konfederasyonu – The Confederation of Public Employees’ Trade Unions). A large group of police officers, all wearing helmets and gas masks and equipped with the necessary material, was also deployed to the area. Nearly 500 demonstrators took part in the demonstration and slogans were chanted against NATO. After the statement was read out by the representative of KESK, the demonstrators started to disperse. A small group of demonstrators, carrying the flags of their non-governmental organisation Halkevleri Derneği (Peoples’ Houses), walked towards the police officers who had blocked Istiklal Street to prevent the group from approaching Taksim Square. The demonstrators attacked the police officers with sticks and stones and the police officers used tear gas and truncheons to disperse the group. Some of the nearby shops and vehicles were damaged during the incident. According to the incident report, six police officers were wounded during the incident.

The applicants, who had listened to the press statement, were arrested during this incident. According to the applicants, they were beaten and insulted during and after their arrest. The same day, they were taken to the Bayrampaşa Health Clinic for a medical examination. According to the applicants, the doctor examined them in the presence of the police officers. A copy of the medical report is not included in the case file.

On 30 June 2004 the applicants were taken to the Beyoğlu Forensic Medicine Institute for a further medical examination. The doctor who examined the applicants concluded that both of them were unfit to work for seven days. The following findings were noted in the medical report: – Serdar Güler: Large bruises on the back of the upper left arm, bruises on the back, bruises on the shoulders and on the waist, bruises on the right shoulder, bruises on the left gluteal region, tenderness of the left leg. – Savaş Kurtuluş Öngel: Several bruises on the back of the left shoulder, bruise on the upper side of the right shoulder blade, bruises on the left and right sides of the back, a bleeding wound on the left elbow, a bruise on the right knee, bruises on the left knee. The doctor also noted that the applicant had a nose bleed.

The same day, the applicants were released upon the order of the Beyoğlu Public Prosecutor.

On 18 July 2004 the applicants filed a petition with the Beyoğlu public prosecutor against the police officers who had carried out their arrest. In their petition, the applicants complained, inter alia, that their arrest had been unlawful and that the police officers had used excessive force during and after the arrest.

On 2 November 2004 the Beyoğlu public prosecutor issued a decision of non-prosecution in respect of the police officers who had been on duty at the relevant time. In his decision, the public prosecutor considered that the force used by the security forces had been in line with Article 16 of Law no. 2559 on the Duties and Powers of the Police and had not been excessive. In the public prosecutor’s opinion, the injuries sustained by the applicants had been caused by a use of force which was proportionate. In delivering this decision, the public prosecutor had regard to the fact that after the press statement had been read out, a group of seventy people had not dispersed and had attacked the police officers with sticks and stones, also causing damage to nearby shops and vehicles. In the public prosecutor’s opinion, the force used by the police had therefore been proportionate.

On 29 December 2004 the applicants filed an objection against the public prosecutor’s decision.

On 13 December 2005 the Istanbul Assize Court dismissed the applicants’ objection.

In the meantime, on 30 June 2004, the Beyoğlu public prosecutor filed a bill of indictment against eighteen accused, including the applicants, with the Beyoğlu Criminal Court and accused them under Article 32 of Law no. 2911 of taking part in an illegal demonstration without prior authorisation and of not dispersing despite the police officers’ warning. Five police officers, who had been wounded during the incident, joined the proceedings as intervening parties.

On 7 March 2006 the Beyoğlu Criminal Court acquitted the applicants of the charges against them. In delivering its decision, the Criminal Court had regard to a video recording of the incident, to witness statements and to the submissions of the intervening parties. The court found it established that the applicants were not amongst the demonstrators who had been carrying “Halkevleri” flags and had attacked the police officers. The court accordingly stated that there was no evidence in the file to support a finding that the applicants had violated Law no. 2911 or resisted the police officers as alleged.
NOT_CONFIDENTIAL
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CODE
DIRECT
29612/05
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001-106553_a10_em2
CODE
DIRECT
30668/05
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ORG
NO_MASK
Republic of Turkey
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DEM
NO_MASK
Turkish
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PERSON
DIRECT
Mr Serdar Güler
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PERSON
QUASI
001-106553_a10_em46
Mr Savaş Kurtuluş Öngel
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001-106553_a10_em7
DATETIME
QUASI
3 August 2005
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001-106553_a10_em8
PERSON
QUASI
Mrs Y. Yeşilyurt
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001-106553_a10_em9
LOC
QUASI
İstanbul
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ORG
NO_MASK
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Turkish Government
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001-106553_a10_em11
DATETIME
QUASI
15 September 2009
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001-106553_a10_em12
DATETIME
QUASI
1977
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DATETIME
QUASI
1979
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DATETIME
QUASI
29 June 2004
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LOC
QUASI
Istiklal Street
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ORG
QUASI
Galatasaray High School
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LOC
QUASI
Istanbul
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MISC
QUASI
NATO summit
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LOC
QUASI
Istanbul
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DATETIME
QUASI
28-29 June 2004
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ORG
QUASI
KESK (Kamu Emekçileri Sendikaları Konfederasyonu – The Confederation of Public Employees’ Trade Unions)
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001-106553_a10_e20
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QUANTITY
NO_MASK
500 demonstrators
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ORG
QUASI
NATO
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ORG
QUASI
001-106553_a10_em21
KESK
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ORG
QUASI
Halkevleri Derneği (Peoples’ Houses)
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001-106553_a10_e14
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LOC
QUASI
Istiklal Street
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LOC
QUASI
Taksim Square
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QUANTITY
QUASI
six police officers
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ORG
QUASI
Bayrampaşa Health Clinic
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001-106553_a10_em30
DATETIME
QUASI
30 June 2004
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ORG
QUASI
Beyoğlu Forensic Medicine Institute
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DATETIME
QUASI
seven days
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PERSON
DIRECT
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Serdar Güler
HEALTH
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DEM
NO_MASK
Large bruises
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001-106553_a10_e30
001-106553_a10_em35
MISC
QUASI
upper left arm
HEALTH
insert
001-106553_a10_e31
001-106553_a10_em36
DEM
NO_MASK
bruises
NOT_CONFIDENTIAL
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001-106553_a10_e32
001-106553_a10_em37
MISC
QUASI
back
HEALTH
insert
001-106553_a10_e31
001-106553_a10_em38
DEM
NO_MASK
bruises
NOT_CONFIDENTIAL
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001-106553_a10_e33
001-106553_a10_em39
MISC
QUASI
shoulders
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001-106553_a10_e34
001-106553_a10_em40
MISC
NO_MASK
waist
HEALTH
insert
001-106553_a10_e31
001-106553_a10_em41
DEM
NO_MASK
bruises
NOT_CONFIDENTIAL
insert
001-106553_a10_e35
001-106553_a10_em42
MISC
QUASI
right shoulder
HEALTH
insert
001-106553_a10_e31
001-106553_a10_em43
DEM
NO_MASK
bruises
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insert
001-106553_a10_e36
001-106553_a10_em44
MISC
QUASI
left gluteal region
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001-106553_a10_e37
001-106553_a10_em45
MISC
NO_MASK
left leg
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001-106553_a10_e6
001-106553_a10_em46
PERSON
QUASI
Savaş Kurtuluş Öngel
HEALTH
insert
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001-106553_a10_em47
DEM
NO_MASK
bruises
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insert
001-106553_a10_e38
001-106553_a10_em48
MISC
QUASI
back of the left shoulder
HEALTH
insert
001-106553_a10_e39
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DEM
NO_MASK
bruise
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001-106553_a10_e40
001-106553_a10_em50
MISC
QUASI
right shoulder blade
HEALTH
insert
001-106553_a10_e31
001-106553_a10_em51
DEM
NO_MASK
bruises
NOT_CONFIDENTIAL
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001-106553_a10_e32
001-106553_a10_em52
MISC
QUASI
back
HEALTH
insert
001-106553_a10_e41
001-106553_a10_em53
DEM
NO_MASK
bleeding wound
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insert
001-106553_a10_e42
001-106553_a10_em54
MISC
QUASI
left elbow
HEALTH
insert
001-106553_a10_e39
001-106553_a10_em55
DEM
NO_MASK
bruise
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001-106553_a10_e43
001-106553_a10_em56
MISC
QUASI
right knee
HEALTH
insert
001-106553_a10_e31
001-106553_a10_em57
DEM
NO_MASK
bruises
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001-106553_a10_e44
001-106553_a10_em58
MISC
QUASI
left knee
HEALTH
insert
001-106553_a10_e45
001-106553_a10_em59
DEM
NO_MASK
nose bleed
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001-106553_a10_e46
001-106553_a10_em60
ORG
QUASI
Beyoğlu Public Prosecutor
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DATETIME
QUASI
18 July 2004
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ORG
QUASI
Beyoğlu public prosecutor
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DATETIME
QUASI
2 November 2004
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001-106553_a10_em64
ORG
QUASI
Beyoğlu public prosecutor
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DATETIME
QUASI
29 December 2004
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DATETIME
QUASI
13 December 2005
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ORG
QUASI
Istanbul Assize Court
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001-106553_a10_em68
DATETIME
QUASI
30 June 2004
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ORG
QUASI
Beyoğlu public prosecutor
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ORG
QUASI
Beyoğlu Criminal Court
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DATETIME
QUASI
7 March 2006
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ORG
QUASI
Beyoğlu Criminal Court
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ORG
NO_MASK
001-106553_a10_em70
Criminal Court
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correct
001-106553_a10_e22
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ORG
QUASI
001-106553_a10_em25
Halkevleri
Serdar Güler
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Serdar Güler