THIRD SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 42942/02
by Ali and Ayşe DURAN
against Turkey
The European Court of Human Rights (Third Section), sitting on 25 January 2007 as a Chamber composed of:
MrB.M. Zupančič, President,
MrR. Türmen,
MrC. Bîrsan,
MrsE. Fura-Sandström,
MrE. Myjer,
MrDavid Thór Björgvinsson,
MrsI. Ziemele, judges,
and Mr S. Quesada, Section Registrar,
Having regard to the above application lodged on 6 September 2002,
Having deliberated, decides as follows:
THE FACTS
The applicants, Mr Ali Duran and Mrs Ayşe Duran, are Turkish nationals who were born in 1933 and 1945 respectively and live in Istanbul. They are the parents of Bayram Duran, who died on 16 October 1994 while in custody at the Gazi police station, in Istanbul. The applicants are represented before the Court by Mr Ş. Turgut, a lawyer practising in Istanbul.
A. The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 15 October 1994 at around 11 a.m. Bayram Duran was arrested on suspicion of having committed aggravated theft (gasp).
On 16 October 1994 at around 5 a.m. Bayram Duran was found dead at the Gazi police station.
On the same day, at 12.35 p.m. a “scene of incident and examination of the corpse” report was drafted and signed by the Gaziosmanpaşa public prosecutor, a medical expert, the director of the Gaziosmanpaşa security director and four other persons. According to the report, there was no sign of ill-treatment or bullet wound on Bayram Duran’s body. The medical expert concluded that an autopsy was necessary to discover the cause of death. The report further contained details concerning the detention conditions, according to which the cell where Bayram Duran had been found dead had not been cleaned for around one week. There were several cigarette butts on the ground and spider webs on the walls. Furthermore a sketch plan of the cell where Bayram Duran was found dead was drawn.
On 17 October 1994 an autopsy was carried out on Bayram Duran’s body. In the autopsy report drafted on 14 December 1994 and signed by four forensic medicine experts, the cause of death was identified as cardiac failure. The forensic experts found a haemorrhage of 3 x 8 cm in the left scapular region. They however considered that the haemorrhage was not decisive in Bayram Duran’s death.
On 29 December 1994 the Gaziosmanpaşa public prosecutor issued a decision of non-prosecution in respect of Bayram Duran’s death. Basing its decision on the autopsy report of 14 December 1994, the public prosecutor noted that the cause of death was not the haemorrhage.
On 21 February 1995 the first applicant, Ali Duran, filed an objection with the Beyoğlu Assize Court against the decision of 29 December 1994. In his petition he maintained that the content of the autopsy report was inadequate as, inter alia, it did not specify how the haemorrhage in Bayram Duran’s body could have occurred. He further contended that the public prosecutor had heard only the police officers before having rendered his decision.
On 30 May 1995 the Beyoğlu Assize Court requested the Gaziosmanpaşa Magistrates’ Court to hear the first applicant and a witness and to conduct an examination of the case.
On 15 September 1995 the Gaziosmanpaşa Magistrates’ Court heard the first applicant and two witnesses, H.K. and Ü.Y. The court then ordered the Forensic Medicine Institute to draft a report in order to determine whether the haemorrhage in Bayram Duran’s body could have been caused by ill‑treatment and whether there was a link between the haemorrhage and Bayram Duran’s death.
On 13 March 1996 a report was drafted and signed by six forensic medicine experts, including the director of the Forensic Medicine Institute. Having examined the autopsy report, the experts noted that Bayram Duran had suffered from a heart disease. They further considered that the haemorrhage had been caused by a direct trauma. The experts concluded that the stress caused by the trauma had aggravated Bayram Duran’s heart disease and had given rise to a cardiac failure.
On 9 April 1996 the Beyoğlu Assize Court annulled the non-prosecution decision and decided to initiate criminal proceedings against seven police officers who had signed the documents concerning Bayram Duran on 15 October 1994. In its decision, the court noted that Bayram Duran’s death might have been incurred as a result of torture inflicted on him and therefore considered that criminal proceedings should be initiated.
On 6 June 1996 the Eyüp public prosecutor filed a bill of indictment with the Eyup Assize Court charging seven police officers with causing death unintentionally under Article 452 § 2 of the Criminal Code.
On 28 August 1996 the Eyüp Assize Court decided to transfer the case to the Denizli Assize Court on the ground of public security.
On 18 November 1996, upon the request of the Denizli Assize Court, the Silopi Assize Court heard one of the accused police officers, A.K., who reiterated his previous statements before the public prosecutor and denied the allegations against him.
On 26 November 1996, at the request of the Denizli Assize Court, the Istanbul Assize Court heard the persons who had alleged that Bayram Duran had committed aggravated theft.
On 11 December 1996 the Istanbul Assize Court heard two of the accused police officers, H.A. and M.S., who denied the allegations against them and contended that Bayram Duran had died as a result of a heart attack.
On 20 December 1996 the Istanbul Assize Court heard the first applicant H.K. and Ü.Y. The court postponed the hearing as a third witness was not present.
On 24 January 1997 the Istanbul Assize Court heard the third witness.
On 26 February 1997, at the second hearing before the Denizli Assize Court, the first applicant joined the proceedings as a civil party seeking redress for his pecuniary and non-pecuniary loss (müdahil).
On 26 March 1997 the Istanbul Assize Court heard one of the accused officers, A.Ç., who contended that he had not inflicted ill-treatment upon Bayram Duran.
On the same day, at the request of the Denizli Assize Court, the Edirne Assize Court heard a doctor who had worked in a medical centre close to the Gazi police station at the time of the incident. The doctor maintained that he had been calle
