PROCEDURE

The case originated in an application (no. 11564/02) 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 a Turkish national, Mr Hacı Zeki Uzun (“the applicant”), on 21 March 2000.

The applicant was represented by Ms A. Bingöl and Ms G. Kartal, lawyers practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 14 September 2006 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

The applicant, a gynaecologist, was born in 1956 and lives in İzmir.

In the course of an investigation into the PKK (the Kurdistan Workers’ Party), an illegal armed organisation, the applicant’s name was mentioned by a few detainees suspected of membership of that organisation and a convicted confessor (itirafcı)0 as having provided assistance to that organisation.

On 19 October 1999, at around 6.30 p.m., the applicant was arrested and taken into police custody at his medical practice. The applicant claims that he was arrested in a humiliating manner, in front of his staff and patients, and that he was sworn at and beaten in the police car.

On 20 October 1999 the applicant’s house and medical practice was searched. The applicant claims that the police officers continued to swear, threaten and humiliate him on this occasion.

The Government submitted that the applicant’s detention in police custody was first prolonged, on 21 October 1999, for an additional two days by the prosecutor and later prolonged, on 23 October 1999, for an additional three days by a judge at the State Security Court.

The applicant alleges that, while he was in police custody, he was ill‑treated. In particular, he complains of having received electric shocks, of having been suffocated, and of having been beaten and threatened. He also alleges that, during the first three days of his detention, he had been deprived of food and medication and prevented from sleeping.

On 25 October 1999 the applicant was heard first by the public prosecutor and later by a judge at the İzmir State Security Court. The latter ordered his release from custody.

Following the applicant’s complaint, the İzmir public prosecutor instigated an investigation into the events. On 26 November 1999 the İzmir public prosecutor decided not to prosecute the police officers at the anti‑terror branch of the İzmir Security Directorate. In its decision the prosecution noted that none of the persons put forward as witnesses by the applicant were able to confirm the applicant’s version of events, that the applicant was unable to identify the alleged perpetrators and that none of the medical reports, dated 19 October 1999, 23 October 1999 and 25 October 1999 save for one dated 11 November 1999, i.e. fifteen days after the events, noted any physical findings of ill-treatment. The applicant did not object to this decision.

The criminal proceedings brought against the applicant before the İzmir State Security Court for aiding and abetting an illegal armed organisation ended on 23 May 2000 with his acquittal.