This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. GÜVEN AND OTHERS v. TURKEY JUDGMENT 1 In the case of Güven and Others v. Turkey, The European Court of Human Rights (Third Section), sitting as a Chamber composed of: Mr B.M. ZUPANČIČ, President, Mr C. BÎRSAN, Mr R. TÜRMEN, Mrs E. FURA-SANDSTRÖM, Mrs A. GYULUMYAN, Mr E. MYJER, Mrs I. BERRO-LEFÈVRE, judges, and Mr S. QUESADA, Section Registrar, Having deliberated in private on 22 March 2007, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 68694/01) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by twelve Turkish nationals, Mr Ahmet Güven, Mr Ramazan...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS THIRD SECTION CASE OF GÜVEN AND OTHERS v. TURKEY (Application no. 68694/01) JUDGMENT STRASBOURG 12 April 2007 FINAL 12/07/2007 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
GÜVEN AND OTHERS v. TURKEY JUDGMENT 1 In the case of Güven and Others v. Turkey, The European Court of Human Rights (Third Section), sitting as a Chamber composed of: Mr B.M. ZUPANČIČ, President, Mr C. BÎRSAN, Mr R. TÜRMEN, Mrs E. FURA-SANDSTRÖM, Mrs A. GYULUMYAN, Mr E. MYJER, Mrs I. BERRO-LEFÈVRE, judges, and Mr S. QUESADA, Section Registrar, Having deliberated in private on 22 March 2007, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 68694/01) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by twelve Turkish nationals, Mr Ahmet Güven, Mr Ramazan Akdağ, Mr Kadri Sönmez, Mr Metin Göktepe, Ms Neslihan Göktepe, Mr İzzettin Koç, Mr Kadri Issı, Mr Mehmet Kışanak, Mr Rıdvan Karatay, Mr Ali Kemal Yıldız, Mr Yaşar Avcı and Ms Emsihan Karatay (“the applicants”), on 30 October 2000. 2. The applicants were represented by Mr T. Fırat, a lawyer practising in Izmir. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court. 3. On 23 September 2005 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. THE FACTS I. THE CIRCUMSTANCES OF THE CASE 4. The applicants were born in 1968, 1972, 1964, 1966, 1973, 1962, 1976, 1962, 1963, 1971, 1970 and 1969 respectively. They were detained in the Buca prison, in İzmir, at the time of the events giving rise to the present application.
2 GÜVEN AND OTHERS v. TURKEY JUDGMENT A. Events in Buca Prison 5. On 20 July 1995 the applicants, along with ten other prisoners, were taken from their cells to an area of the prison in order to be brought before the İzmir State Security Court for trial. According to the applicants, while they were waiting to be collected, they were attacked by prison administrators, prison warders and gendarmes using truncheons and wooden planks, because they had objected to being searched. According to the Government the applicants had resisted the search, attached themselves to one another and subsequently fallen down the stairs and injured themselves. The applicants were then taken to the İzmir State Security Court in prison vehicles. 6. At the hearing before the State Security Court, the applicants' complained that they had been beaten before being brought before the court. The court n...