(Application no. 61898/00)
5 December 2006
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Emirhan Yıldız and Others v. Turkey,
The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
Mr J.-P. Costa, President,
Mr A.B. Baka,
Mr I. Cabral Barreto,
Mr R. Türmen,
Mr M. Ugrekhelidze,
Mrs A. Mularoni,
Ms D. Jočienė, judges,
and Mr S. Naismith, Deputy Section Registrar,
Having deliberated in private on 14 November 2006,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
A. The applicants’ detention in police custody, the criminal proceedings against them and the medical certificates concerning their alleged ill-treatment
B. Investigation instigated into the applicants’ alleged ill-treatment
II. THE RELEVANT DOMESTIC LAW AND PRACTICE
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
1. The parties’ submissions
2. The Court’s assessment
(a) General principles
(b) Application of the above principles in the present case
(i) As regards the applicants Sevgi Dönmez, Leyla Lüle and Meral Şahin
(ii) As regards the applicant Emirhan Yıldız
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, the following amounts, to be converted into the national currency of the respondent State at the date of settlement:
(i) EUR 10,000 (ten thousand euros) to Selvi Dönmez, EUR 10,000 (ten thousand euros) to Leyla Lüle, and EUR 7,000 (seven thousand euros) to Meral Şahin in respect of non pecuniary damage;
(ii) EUR 1,285 (one thousand two hundred and eighty five euros) to Selvi Dönmez, Leyla Lüle and Meral Şahin, jointly, in respect of costs and expenses;
(iii) any tax that may be chargeable on the above amounts;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 5 December 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
S. Naismith J.-P.
Deputy Registrar President
11. Turkish Communist Party/ Marxist-Leninist.
22. The applicants submitted witness statements of two other co-accused dated 22 July 2004.
33. Hyperaemia is the increase in organ blood flow.
11. Lumbar strain is a stretching injury to the ligaments, tendons, and/or muscles of the lower back.
22. Cervical strain is an irritation and spasm of the neck and upper back muscles.
33. Cubital tunnel syndrome occurs when there is compression or injury of the ulnar nerve in the cubital tunnel at the elbow.