OZALP ULUSOY v. TURKEY - 9049/06 - Chamber Judgment (French Text) [2013] ECHR 502 (04 June 2013)

OZALP ULUSOY v. TURKEY - 9049/06 - Chamber Judgment (French Text) [2013] ECHR 502 (04 June 2013)

The applicant was subjected to excessive and unjustified force by police during the dispersal of a peaceful demonstration, resulting in physical injuries, in violation of the material limb of Article 3. The investigation conducted by national authorities was inadequate and failed to meet the requirements of...

Source-derived case information.

Citation
[2013] ECHR 502
Parties
Applicant: Güllü Özalp Ulusoy; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 3 (material and procedural limbs) and Article 11. Just satisfaction awarded for non-pecuniary damage.
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment, Freedom of Assembly, Effective Investigation, Police Conduct, State Responsibility
Human Rights Law Constitutional Law Prohibition of Torture and Inhuman or Degrading Treatment Freedom of Assembly Effective Investigation Police Conduct State Responsibility

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 26 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Güllü Özalp Ulusoy

Applicant

Republic of Turkey

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment by police during a demonstration (Article 3 ECHR)
  2. 2 Whether the investigation into the applicant's allegations was effective (Article 3 ECHR, procedural limb)
  3. 3 Whether the applicant's right to freedom of assembly was violated (Article 11 ECHR)

Ratio Decidendi

The applicant was subjected to excessive and unjustified force by police during the dispersal of a peaceful demonstration, resulting in physical injuries, in violation of the material limb of Article 3. The investigation conducted by national authorities was inadequate and failed to meet the requirements of effectiveness under the procedural limb of Article 3. The intervention by police was disproportionate and not necessary in a democratic society, violating the applicant's right to freedom of assembly under Article 11.

Court Disposition

Violation of Article 3 (material and procedural limbs) and Article 11. Just satisfaction awarded for non-pecuniary damage.

Orders

  • State to pay applicant 5,000 EUR for non-pecuniary damage within three months, convertible to Turkish lira at the date of payment.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points for late payment.