Published judgment in the Abdullah Altun case (A44/43/1/7). The Court ruled unanimously that there had been violations of Articles 3, 8, 13, and Article 1 of Protocol 1, of the European Convention on Human Rights, and awarded Altun €51,500 in damages, costs, and expenses. A full copy of the judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-61796
Published judgment in the Behçet Avşar case (A44/43/1/11). On 27 March 2003, the European Court of Human Rights ruled by 6 votes to 1 that there had been violations of Articles 2 and 13 of the European Convention on Human Rights. Şerif Avşar’s widow and children were awarded £40,000 in pecuniary damages and £20,000 in on-pecuniary damages, while Behçet Avşar was awarded £2,500 in non-pecuniary damages and £17,320 in costs and expenses. The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-59562
Published judgment in the Ahmet Ayder and others case (A44/43/1/12). On 27 March 2003, the European Court of Human Rights unanimously ruled that there had been violations of Articles 3, 8 and 13 and Article 1 of Protocol No. 1 of the European Convention on Human Rights. Pecuniary costs were awarded as follows:
(i) €26,144.90 to Ahmet Ayder;
(ii) €20,239.70 to Yusuf Lalealp;
(iii) €20,239.70 to Nadir Doman;
(iv) €26,239.70 to Şevket Biçer;
(v) €20,144.90 to Zeydin Ekmekçi.
Each applicant was also awarded €14,500 in non-pecuniary damages, and the applicants’ legal representatives were awarded €40,000 less €725 in legal aid.
The full judgment is available for viewing at https://hudoc.echr.coe.int/?i=001-61560
Memorial of the Turkish Government submitted to the European Court of Human Rights in the Şükran Aydın case, asking for a dismissal of the case as it claims that the applicant did not exhaust domestic remedies and abused the right of petition.
Memorial of the Turkish Government in the Şükran Aydın case submitted to the European Court of Human Rights, rejecting all claims that various articles of the European Convention on Human Rights were violated, claiming that the applicant did not exhaust the necessary domestic remedies and abused the right of petition, and requesting that the Court decide that case is 'manifestly ill-founded and is inadmissible'. The memorial is forwarded by a letter from Herbert Petzold, Registrar, European Court of Human Rights, to Kevin Boyle and Françoise Hampson.
Observations of Turkish Government on the claims of Şükran Aydın under Article 50 of the European Convention on Human Rights as submitted to the European Court of Human Rights, in which the Government requests the Court to dismiss all claims on the grounds that there is no substantiated violation and that the claims consist of unnecessary, excessive, and unverified expenses. The Government claims that the allegations have been voiced by the applicant's representatives and not by Şükran Aydın herself, and that this and other cases are being used to come to 'conclusions which will be exploited in support of the activities of the separatist terror organisation'. The Government also states that it is unlawful to pay Aydın's Turkish-based representatives as they do not bear any power of attorney, and that the Kurdish Human Rights Project also does not deserve payment as it did play a legal or procedural role in the proceedings.
Request from the European Commission of Human Rights to bring the Şükran Aydın case before the European Court of Human Rights.
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.