Sub-sub-series 16 - Hüseyin and Devrim Berktay

1 file

Materials pertaining to the case filed by Hüseyin Berktay and his son Devrim Berktay on 30 July 1993 against the Republic of Turkey with the European Commission of Human Rights (application number 22493/93, referred to internally within the Kurdish Litigation Project as Case 7 and assigned to Kevin Boyle as lead with assistance from Tony Fisher). Devrim Berktay alleged that he had been pushed from the balcony of his home by police officers who had arbitrarily deprived him of his liberty and that they had put his life in danger by deliberately delaying his father who was to take him to the health centre for a tomography. Hüseyin Berktay complained of having been forced by the police to sign a report stating that Devrim was a member of the PKK and had participated in their attacks in order to be able to take him to receive emergency medical treatment as well as the search carried out at his home.
On 3 February 1993, Devrim Berktay was arrested by anti-terrorism police for lacking his identity card and was subsequently accused of involvement with terrorist activities related to the PKK. Despite his denial of the allegations and an offer to show his books at home, police searched his residence. His father learned of this and arrived while officers were searching his home, claiming no evidence was found. During questioning, Berktay screamed during an encounter with the police, after which he fell from a balcony. A few minutes later, hearing his son screaming, Hüseyin Berktay tried to force open the door, but a policeman intervened. While the first applicant and his wife were still trying to enter the living room, a policeman opened the door and told them that their son had jumped from the balcony. The father rushed to the ground floor and found his son lying unconscious on the street. He took her by taxi to the public hospital. After the required operation, the doctor on duty stated that a CT scan should be performed. As this examination was to be carried out at the Günsağ health centre, Hüseyin wanted to take his son there, but the police urged him to go first to the Yenişehir Security Directorate to make a statement. Although he insisted on the need to take his son to the health centre for emergency medical care, the police continued to insist that he had to accompany them to safety first. One of the policemen presented him with a handwritten report stating that Devrim Berktay was a member of the PKK and that he had participated in the attacks of this organisation, and forced him to sign it. At the Security Directorate, the police asked the first applicant to sign a statement which they had drawn up. He signed the said report and left the premises. Devrim was hospitalized in a coma for 17 days. The family contended that police attempts on his life resulted in the fall. The Government claimed that Devrim attempted suicide by jumping over the balcony.
Approximately six days after the incident, Hüseyin Berktay lodged a complaint with the Public Prosecutor's Office and requested that an investigation be opened. 15. When her son was hospitalized, Esma Berktay was heard by the prosecutor. She told him that the police had made an attempt on her son's life by pushing him out of the balcony. The prosecutor asked her about the illness of her youngest son, Taylan, showed no interest in her account of the incident, and drew up a report largely mentioning Taylan's state of health. She signed the report against her will, following pressure from the prosecutor who threatened to arrest her. Some time after the incident, the Berktay family left Diyarbakır to live in Antalya. In September 1994 Hüseyin was summoned to the Anti-Terrorist Section of the Antalya Security Directorate and gave a statement on the Devrim incident. In December 1994 the police again took a statement from him, which stated that he had not voluntarily lodged an application with the institutions in Strasbourg. He had to sign the deposition under duress.
Evidence and statements pointing to police negligence led to criminal proceedings against six officers. In a judgment of 17 July 1996, the Diyarbakır Criminal Court acquitted the defendants. In April 1997, Devrim Berktay was arrested and charged with involvement in terrorist activities. During his twenty-two day detention, he signed a statement for fear of reprisals stating that he did not remember the incident of his falling from the balcony.
On 1 March 2001, the European Court of Human Rights ruled that there had been a violation of Article 3 of the European Convention on Human Rights with regards to Devrim Berktay but not to Hüseyin Berktay (unanimous), and that there had been violations of Article 5 with regards to Devrim Berktay (6 votes to 1) and Article 13 (unanimous). Devrim Berktay was awarded £55,000 sterling in bodily and non-pecuniary damages, while Hüseyin Berktay was awarded £2,500 sterling in non-pecuniary damages. The applicants were also awarded £12,000 in costs and expenses (less 26,636 French francs received in legal aid). The full judgment is available in French for viewing at https://hudoc.echr.coe.int/eng?i=001-63825. Supplementary materials pertaining to this case are located at A44/43/6/15.

The files in this sub-sub-series are equivalent to Tabs 1 through 11 in Kevin Boyle and Françoise Hampson’s filing system, plus documents originally placed in sleeves at the front of the file.