File 15 - Hüseyin and Devrim Berktay

5 items

Supplementary 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). The main casefile of materials pertaining to this case is located at A44/43/1/16.
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 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
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 orignally placed in sleeves at the front of the file.