The impunity of police violence and … the punishment from the ECtHR
JUDGMENT
Daşlık v. Turkey 13-06-2017 (no. 38305/07)
SUMMARY
Police violence. Mistreatment of an arrested PKK member. The applicant filed a complaint of abuse of authority against the officers who questioned her, arguing that she had been tortured during her police detention, who eventually did not got punished. The ECtHR ruled that there has been a violation of the Convention for lack of effective research.
PROVISION
Article 3
PRINCIPAL FACTS
The applicant, Remziye Daşlık, is a Turkish national who was born in 1980 and lives in Diyarbakır (Turkey). The case concerned allegations of ill-treatment sustained by her while in police custody.
On 28 February 2002 Ms Daşlık was questioned by two police officers in the context of an investigation into the activities of the PKK (Kurdistan Workers’ Party, an illegal armed organisation) and a political party, HADEP (Halkın Demokrasi Partisi – People’s Democractic Party) on the premises of the anti-terrorist division of the Diyarbakır police headquarters. While she was in police custody, which lasted for one day, Ms Daşlık suffered vaginal bleeding and was taken to hospital.
On 4 March 2002 Ms Daşlık filed a complaint for abuse of power against the officers who questioned her, arguing that she had been tortured during her police custody. On 10 March 2003 criminal proceedings were brought against two officers before the Diyarbakır Assize Court, which acquitted them in October 2004 for lack of sufficient evidence, particularly on the basis of medical reports, drawn up at the beginning and end of the police custody, which did not show any injury on the complainant’s body. The Court of Cassation upheld that judgment in September 2006. Moreover, the criminal proceedings against Ms Daşlık for propaganda in favour of the illegal organisation resulted in her acquittal in September 2002.
THE DECISION OF THE COURT
Relying on Article 3 (prohibition of torture and inhuman or degrading treatment), Ms Daşlık complained that she had been ill-treated while in police custody and that the authorities had not conducted an effective investigation following her complaint.
No violation of Article 3 (treatment) Violation of Article 3 (investigation)
Just satisfaction: EUR 5,000 (non-pecuniary damage) and EUR 2,000 (costs and expenses)
