Information Note on the Court’s case-law No. 144
August-September 2011
Demir v. Turkey (communicated case) - 36475/10
Article 3
Degrading treatment
Inhuman treatment
Prosecution of child aged twelve years and eleven months in assize court: communicated
In December 2009 the DTP (Party for a Democratic Society) staged a demonstration. In January 2010 the anti-terrorist squad, having identified the applicant, aged twelve years and eleven months at the time, from video footage, arrested him on the grounds that he had thrown stones at the security forces during the demonstration and had brandished a picture of Abdullah Öcalan, leader of the PKK (Workers’ Party of Kurdistan). The applicant was detained pending trial. In February 2010 the public prosecutor brought criminal proceedings against him in a special assize court for an offence committed on behalf of the PKK, an illegal armed organisation, for disseminating propaganda in support of the PKK and for a breach of the law on meetings and demonstrations. In April 2010 the court granted the applicant bail. It appears from the case file that the criminal proceedings are still pending before the assize court.
In his application to the European Court the applicant alleges, among other things, that his prosecution before a court which, in his view, did not have jurisdiction to try children amounted to ill-treatment, and that the court in question was not competent, independent or impartial. He also complains of the excessive length of his pre-trial detention. Lastly, he alleges a breach of his right to respect for his family life on the grounds that, owing to the distance of the prison from his home, he was unable to receive regular visits from his family.
Communicated under Article 3 (substantive aspect) and Articles 5 § 3, 5 § 4 and 8 of the Convention.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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