Published on 4 August 2025
SECOND SECTION
Application no. 55910/21
Hayrettin ADLIĞ
against Türkiye
lodged on 20 September 2021
communicated on 15 July 2025
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s allegations of ill-treatment in prison. At the time of the events, the applicant was detained in Elazığ High‑Security Prison. On 4 August 2019 the prison guards entered the applicant’s ward and used force to stop the detainees, including the applicant, from chanting slogans and hitting the doors.
A medical report drawn up on an unspecified date following the incident noted bruises, such as soft hyperaemic area, ecchymoses, and lesions on the applicant’s body.
On 5 August 2019 the applicant submitted a criminal complaint to the Elazığ Public Prosecutor’s Office, claiming that he had been subjected to ill‑treatment by the prison guards during the incident on 4 August 2019. On 10 July 2020 the public prosecutor issued a decision not to prosecute any prison guards. The public prosecutor stated that the prison guards had used a proportionate amount of force to stop the detainees, including the applicant, from chanting slogans and hitting the wards’ doors, and therefore had acted within the limits of their authority to use force. An objection lodged by the applicant against that decision was rejected by the Elazığ Magistrate’s Court.
On 8 June 2021 the Constitutional Court rejected the applicant’s individual application, in which he had complained of a violation of the prohibition of ill-treatment, for being manifestly ill-founded.
Relying on Article 3 of the Convention, the applicant complains that he was subjected to ill-treatment by the prison guards on 4 August 2019, and argues that the investigation into his allegations of ill-treatment was ineffective.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment at the hands of State agents in prison, in breach of Article 3 of the Convention (see Bouyid v. Belgium [GC], no. 23380/09, §§ 81-90 and 100-01, ECHR 2015)?
2. Having regard to the procedural protection from inhuman or degrading treatment, was the investigation into the incident on 4 August 2019 by the domestic authorities in breach of Article 3 of the Convention (see Bouyid, cited above, §§ 114-23)?
The Government are invited to submit the medical report drawn up in respect of the applicant following the incident on 4 August 2019.