GOMI v. TURKEY - 38704/11 (Judgment : Article 3 - Prohibition of torture : Second Section) French Text [2019] ECHR 158 (19 February 2019)

GOMI v. TURKEY - 38704/11 (Judgment : Article 3 - Prohibition of torture : Second Section) French Text [2019] ECHR 158 (19 February 2019)

The applicant, suffering from chronic and severe mental illness, was detained under a regime of aggravated life imprisonment without adequate psychiatric care or placement in a suitable medical facility. The authorities failed to provide a detention environment adapted to his condition, exposing him to distress and...

Source-derived case information.

Citation
[2019] ECHR 158
Parties
Applicant: Kemal Gömi (represented by Feyzullah Gömi, under guardianship); Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights (echr) / Judgment on Merits
Outcome
Violation of Article 3 ECHR found against Turkey.
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment (article 3 Echr), Detention of Mentally Ill Prisoners, Adequacy of Medical Care in Detention, Life Imprisonment Without Parole, State Obligations Under ECHR
Human Rights Law Criminal Law Prison Law Prohibition of Torture and Inhuman or Degrading Treatment (article 3 Echr) Detention of Mentally Ill Prisoners Adequacy of Medical Care in Detention Life Imprisonment Without Parole State Obligations Under ECHR

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Parties

Kemal Gömi (represented by Feyzullah Gömi, under guardianship)

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights (echr) / Judgment on Merits

  1. 1 Whether the applicant's continued detention under aggravated life imprisonment, despite his mental illness, violated Article 3 of the European Convention on Human Rights (prohibition of torture and inhuman or degrading treatment)
  2. 2 Whether the medical care and detention conditions provided to the applicant were adequate given his psychiatric condition

Ratio Decidendi

The applicant, suffering from chronic and severe mental illness, was detained under a regime of aggravated life imprisonment without adequate psychiatric care or placement in a suitable medical facility. The authorities failed to provide a detention environment adapted to his condition, exposing him to distress and risk to his health, and did not ensure his dignity as required by Article 3 ECHR. The cumulative effect of his sentence and mental illness, and the lack of appropriate care, amounted to inhuman and degrading treatment in violation of Article 3.

Court Disposition

Violation of Article 3 ECHR found against Turkey.

Orders

  • Turkey must pay the applicant 10,000 euros in respect of non-pecuniary damage within three months.
  • No award for costs and expenses due to lack of supporting documentation.