The European Court of Human Rights (Second Section), sitting on 6 July 2010 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Danutė Jočienė, András Sajó, Nona Tsotsoria, Işıl Karakaş, Kristina Pardalos, judges, and Stanley Naismith, Section Registrar, Having regard to the above application lodged on 1 August 2008, Having deliberated, decides as follows: THE FACTS The applicant, Mr Hasan Tilki, is a Turkish national, who was born in 1967. He is currently serving a prison sentence in Muş E-type prison. The facts of the case, as submitted by the applicant, may be summarised as follows. On 30 January 2000 the applicant was arrested on suspicion of membership of Hizbullah, an illegal organisation. However, according to 2 TİLKİ v. TURKEY DECISION the submissions in the case file, the applicant was taken into police custody on 10 February 2000. On 10...
SECOND SECTION PARTIAL DECISION AS TO THE ADMISSIBILITY OF Application no. 39420/08 by Hasan TİLKİ against Turkey The European Court of Human Rights (Second Section), sitting on 6 July 2010 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Danutė Jočienė, András Sajó, Nona Tsotsoria, Işıl Karakaş, Kristina Pardalos, judges, and Stanley Naismith, Section Registrar, Having regard to the above application lodged on 1 August 2008, Having deliberated, decides as follows: THE FACTS The applicant, Mr Hasan Tilki, is a Turkish national, who was born in 1967. He is currently serving a prison sentence in Muş E-type prison. The facts of the case, as submitted by the applicant, may be summarised as follows. On 30 January 2000 the applicant was arrested on suspicion of membership of Hizbullah, an illegal organisation. However, according to
2 TİLKİ v. TURKEY DECISION the submissions in the case file, the applicant was taken into police custody on 10 February 2000. On 10 February 2000 the applicant was examined by a doctor who observed that he was in good health. When questioned in police custody, the applicant did not make any comments to the police with regard to the charges against him. He simply answered questions about his identity. On 17 February 2000 a medical report drawn up by the Adana Forensic Medicine Institute indicated that the applicant had sustained a bruise on his left arm, and had a 3x3 cm scab on his right knee. On the same date the applicant was taken before the public prosecutor and the investigating judge, who subsequently ordered his pre-trial detention. Before those authorities, the applicant did not raise any allegation that he had been ill-treated in police custody. On 3 July 2000 the public prosecutor at the Adana State Security Court filed a bill of indictment against the applicant and nine other persons on the charge of attempting to undermine the constitutional order by force. On 28 July 2000, in his defence submissions to the trial court, the applicant reaffirmed the statements he had made before the public prosecutor and the investigating judge. In the course of the criminal proceedings, the applicant did not complain to the trial court of ill-treatment allegedly inflicted on him in police custody. Following the abolition of State Security Courts by Law no. 5190, the criminal proceedings against the applicant were resumed by the 7th Division of the Adana Assize Court. In the light of the evidence before it, on 18 October 2004 the first- instance court convicted the applicant of attempting to undermine the constitutional order and sentenced him to life imprisonment. On 20 June 2005 the Court of Cassation quashed that judgment both on the merits and on procedural grounds, and remitted the case to the first- instance court for further examination. On 8 October 2007 the public prosecutor at the Adana Assize Court filed a new bill of indictment against the applicant on charges of ...