ILTUMUR OZAN AND OTHERS v. TURKEY - 38949/09 (Judgment : No Prohibition of torture : Second Section) French Text [2021] ECHR 143 (16 February 2021)

ILTUMUR OZAN AND OTHERS v. TURKEY - 38949/09 (Judgment : No Prohibition of torture : Second Section) French Text [2021] ECHR 143 (16 February 2021)

The Court found that, due to contradictory evidence and lack of clarity on the origin of the applicant's injuries, it could not establish beyond reasonable doubt that the force used was unnecessary or disproportionate, thus no violation of Article 3 (substantive limb). However, the investigation was inadequate as...

Source-derived case information.

Citation
[2021] ECHR 143
Parties
Applicant: Münevver İltümür Ozan; Applicant: Özlem Cihan; Applicant: Yücel Tekin; Applicant: Hasan Çağın; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (second Section)
Outcome
Partial finding of violation
Legal Topics
Prohibition of Torture and Inhuman or Degrading Treatment, Right to Effective Investigation, Freedom of Expression, Right to Peaceful Assembly
Human Rights Law Criminal Procedure Prohibition of Torture and Inhuman or Degrading Treatment Right to Effective Investigation Freedom of Expression Right to Peaceful Assembly

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Parties

Münevver İltümür Ozan

Applicant

Özlem Cihan

Applicant

Yücel Tekin

Applicant

Hasan Çağın

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (second Section)

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment contrary to Article 3 ECHR
  2. 2 Whether the investigation into alleged police ill-treatment was effective (procedural limb of Article 3)
  3. 3 Whether there was a violation of Article 10 ECHR (freedom of expression)

Ratio Decidendi

The Court found that, due to contradictory evidence and lack of clarity on the origin of the applicant's injuries, it could not establish beyond reasonable doubt that the force used was unnecessary or disproportionate, thus no violation of Article 3 (substantive limb). However, the investigation was inadequate as the prosecutor failed to take essential investigative steps, violating Article 3 (procedural limb). No violation of Article 10 was found as the applicants' arrest was due to violent confrontation, not for distributing leaflets.

Court Disposition

Partial finding of violation

Orders

  • Violation of Article 3 ECHR (procedural limb) in respect of Münevver İltümür Ozan
  • No violation of Article 3 ECHR (substantive limb)