The European Court of Human Rights (Second Section), sitting on 6 September 2011 as a Chamber composed of: Françoise Tulkens, President, Danutė Jočienė, Dragoljub Popović, Giorgio Malinverni, Işıl Karakaş, Guido Raimondi, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above application lodged on 16 January 2004, Having deliberated, decides as follows: THE FACTS The applicant, Mr Süleyman Deniz, the son of Mehmet Emin Deniz, who is mentally incapable of managing his affairs, lodged the application on his father’s behalf. The applicant is a Turkish national, was born in 1966 and lives in İzmir. He is represented before the Court by Mr S. Cengiz, a lawyer practising in İzmir. The facts of the case, as submitted by the applicant, may be summarised as follows. 2 SÜLEYMAN DENİZ v. TURKEY DECISION On 12 April 2003 the...
SECOND SECTION PARTIAL DECISION AS TO THE ADMISSIBILITY OF Application no. 9192/04 by Süleyman DENİZ against Turkey The European Court of Human Rights (Second Section), sitting on 6 September 2011 as a Chamber composed of: Françoise Tulkens, President, Danutė Jočienė, Dragoljub Popović, Giorgio Malinverni, Işıl Karakaş, Guido Raimondi, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above application lodged on 16 January 2004, Having deliberated, decides as follows: THE FACTS The applicant, Mr Süleyman Deniz, the son of Mehmet Emin Deniz, who is mentally incapable of managing his affairs, lodged the application on his father’s behalf. The applicant is a Turkish national, was born in 1966 and lives in İzmir. He is represented before the Court by Mr S. Cengiz, a lawyer practising in İzmir. The facts of the case, as submitted by the applicant, may be summarised as follows.
2 SÜLEYMAN DENİZ v. TURKEY DECISION On 12 April 2003 the applicant’s father was taken into police custody on suspicion of stabbing a person. After his statement was taken by the police, he was released on the same day. As the victim’s medical report revealed that he had sustained life- threatening injuries and had been unfit to work for twenty-five days, on 9 May 2003 the Magistrates’ Court decided to detain the applicant’s father pending trial on account of the severe nature of the offence. On 14 May 2003 the public prosecutor filed a bill of indictment charging him with aggravated assault. At the first five hearings, the lawfulness of his pre-trial detention was reviewed by the İzmir Criminal Court. At the hearing held on 16 May 2003, the applicant’s father confirmed his statement given to the police and admitted the offence. At the hearing held on 12 June 2003, due to the appearance of his state of health, the court had doubts as to whether he was capable of comprehending the charges against him and defending himself in the proceedings. Accordingly, the court appointed an attorney for him and decided to have his mental capabilities examined by a competent authority. Having regard to the absence of a health report in the case file, the severity of the offence and the state of the evidence, at the hearing held on 10 July 2003 the court decided to continue the detention of the applicant’s father. The first medical report lodged in the case file having stated that Mehmet Emin Deniz was mentally fit and that he had criminal liability, at the hearing held on 26 August 2003 the defence attorney objected to the findings of the report and requested the court to obtain another medical report. The court dismissed the request but in order to clarify the medical condition of the applicant’s father, as his speech was unclear and incomprehensible, it ordered a sign language and a Kurdish interpreter to be made available at the next hearing in order to assess whether he was deaf and dumb or could only c...