Information Note on the Court’s case-law No.
June 1998
Tekin v. Turkey - 22496/93
Judgment 9.6.1998
Article 3
Degrading treatment
Inhuman treatment
Treatment in police custody: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ESTABLISHMENT OF THE FACTS
Court will exercise fact-finding powers only in exceptional circumstances – Commission had opportunity to see and hear oral testimony – where key witnesses failed to attend hearings before Commission, respondent State not justified in complaining of insufficiency of evidence – acceptance of facts as found by Commission.
II.ARTICLE 2 OF THE CONVENTION
Facts found by Commission do not support conclusion that applicant suffered interference with right to life.
Conclusion: no violation (unanimously).
III.ARTICLE 3 OF THE CONVENTION
Applicant held in cold, dark cell, blindfolded and treated so as to leave wounds and bruises on body – inhuman and degrading treatment.
Conclusion: violation (six votes to three).
IV.ARTICLES 5 § 1 AND 6 § 1 OF THE CONVENTION
Complaints not pursued.
Conclusion: not necessary to examine.
V.ARTICLE 10 OF THE CONVENTION
Not established that applicant’s detention and treatment in custody amounted to interference with freedom of expression.
Conclusion: no violation (unanimously).
VI.ARTICLE 13 OF THE CONVENTION
Public prosecutor to whom applicant complained of ill-treatment on release from custody took no action – investigation commenced after communication of application by Commission inadequate.
Conclusion: violation (seven votes to two).
VII.ARTICLES 14 AND 18 OF THE CONVENTION
No evidence of breaches of these provisions.
Conclusion: no violation (unanimously).
VIII.ARTICLE 50 OF THE CONVENTION
A. Damage: compensation for non-pecuniary damage.
B. Costs and expenses: awarded on an equitable basis.
Conclusion: respondent State to pay applicant specified sums (eight votes to one).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy