Comments prepared by barrister Peter Duffy, former Chairperson of Amnesty International's International Executive Committee, submitted on behalf of Amnesty International to the European Court of Human Rights regarding the Şükran Aydın case. The comments conclude: that the rape of a woman prisoner by a state official constitutes torture under Article of the European Convention on Human Rights; that state parties are obligated to conduct prompt, impartial and effective investigations of torture and ill-treatment; and that they must take into account the special requirement of rape investigations, particularly in the conduct of medical examinations. Duffy calls for state parties to take measures to prevent torture through proper education and training of law enforcement personnel, compensation and rehabilitation of victims, and bringing to justice of those responsible for torture. The comments are forwarded by a letter from Herbert Petzold, Registrar, European Court of Human Rights, to Kevin Boyle and Françoise Hampson.
Printout of the judgment in the Şükran Aydın case (A44/43/1/14). On 25 September 1997, the European Court of Human Rights dismissed the Government’s objections regarding the exhaustion of domestic remedies (18 votes to 3) and abuse of process (unanimously). The Court held that Şükran Aydın had been subjected to torture through being raped and otherwise ill-treated contrary to Article 3 of the European Convention on Human Rights (14 votes to 7); that she had noted been afforded an effective remedy in respect to her complaint contrary to Article 13 (16 votes to 5); that no violation of Article 25 § 1 had been established (unanimously); and that it was not necessary to consider the remainder of the complaints. The Court held 18 votes to 3 that Turkey should pay the applicant £25,000 sterling in non-pecuniary damages, and 16 votes to 5 that Turkey should pay Şükran Aydın’s United Kingdom-based legal representatives £34,360 sterling less 19,145 French francs, and her Turkish representatives £3,000 sterling. The full judgment is available for viewing at https://hudoc.echr.coe.int/fre?i=001-58371
Printout of the judgment in the Kasım Aydın and others case (some material available at A44/43/1/14 and A44/43/6/10), in which the applicants accepted a friendly settlement.
Bound copy of English translations of the annexes/appendices of Memorial of the Turkish Government prepared by the European Court of Human Rights. The documents include the witness statements of both the Aytekin family and the gendarmerie as well as the proceedings in Batman Criminal Court against Private Tuncay Deniz as a result of Ali Rıza Aytekin's death. The documents date from 24 April 1993 (the date of the incident) to 20 June 1996, the most recently submitted document covering proceedings in Batman.
Memorial of the Turkish Government (received 24 April 1998, published 26 May 1998) in the Aytekin case submitted to the European Court of Human Rights, rejecting all claims that various articles of the European Convention on Human Rights were violated, requesting the court to declare that the application was before without domestic remedies having been exhausted, and noting that the complaint in respect of Article 13 of the European Convention on Human Rights was submitted after the stated deadline.
Official verbatim record of the hearing held in Strasbourg on 29 June 1998 in the Aytekin case published by the European Court of Human Rights.
Published judgment in the İhsan Bilgin case (A44/43/1/17). On 16 November 2000, the European Court of Human Rights unanimously ruled that there had been violations of Articles 3, 8, 13, and Article 1 of Protocol No. 1 of the European Convention on Human Rights. The Turkish Government was ordered to pay Bilgin £12,000 sterling in pecuniary damages, £10,000 sterling in non-pecuniary damages, and £21,000 sterling in legal costs and expenses (less 13,445 French francs received in legal aid). The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58987
Printout of the web version of the published judgment in the Buldan case issued by the European Court of Human Rights. The Court unanimously ruled that there had been a violation of Article 2 of the European Convention on Human Rights with regard to the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of the applicant's brother, but not with regards to the applicant's allegation that his brother was killed in circumstances engaging the responsibility of agents of the respondent State, or with regards to the applicant himself. The Court also ruled that a violation of Article 13 had occurred, but not of Articles 13 or 14. The widow and two children of Savaş Buldan were awarded €10,000 in non-pecuniary damages, and Nejdet Buldan was awarded €6,000 in pecuniary damages and €10,000 in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-61711
Published judgment in the Nejdet Buldan case (A44/43/1/19). On 20 April 2004, the European Court of Human Rights unanimously ruled that there had been a violation of Article 2 of the European Convention on Human Rights with regard to the failure of the authorities of the respondent State to conduct an adequate and effective investigation into the circumstances surrounding the death of the applicant's brother, but not with regards to the applicant's allegation that his brother was killed in circumstances engaging the responsibility of agents of the respondent State, or with regards to the applicant himself. The Court also ruled that a violation of Article 13 had occurred, but not of Articles 13 or 14. The widow and two children of Savaş Buldan were awarded €10,000 in non-pecuniary damages, and Nejdet Buldan was awarded €6,000 in pecuniary damages and €10,000 in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-61711
Published judgment in the İzzet Çakıcı case (A44/43/1/20). On 8 July 1999, the European Court of Human Rights ruled unanimously that there has been a violation of Article 2 of the European Convention on Human Rights; ruled unanimously that there has been a violation of Article 3 in respect of the applicant’s brother; ruled by 14 votes to 3 that there had been no violation of Article 3 in respect of the applicant; ruled unanimously that there had been a violation of Article 5; ruled by 16 votes to 1 that there had been a violation of Article 13; ruled unanimously that there has been no violation of Article 14; and ruled unanimously that there had been no violation of Article 18. The Government were ordered to pay Ahmet Çakıcı’s spouse and heirs £11,239.11 sterling in pecuniary damages and £25,000 sterling in non-pecuniary damages. İzzet Çakıcı was awarded £2,500 in non-pecuniary damages and £20,000 (less 7,000 French francs received in legal aid) in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/eng?i=001-58282