PROCEDURE

The case originated in an application (no. 28433/02) 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, Mrs Fatma Çamdereli (“the applicant”), on 4 May 2002.

The applicant was represented by Mrs N. Bener, a lawyer practising in Bursa. The Turkish Government (“the Government”) were represented by their Agent.

On 11 June 2007 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 housewife, was born in 1953 and lives in Bursa.

A. The alleged ill-treatment

In her application form the applicant submitted that on 18 February 1999, upon a complaint of Mr M.A.G., gendarmes had taken her to the Görükle gendarmerie station where she was beaten with a truncheon and sworn at by a gendarme.

According to the report drafted by the gendarmes and signed by the applicant, upon the complaint of Mr M.A.G., that she was, inter alia, throwing garbage from her balcony and swearing at him, the gendarmes had arrived at the scene of the incident where they found the applicant to be shouting and disturbing the peace. The applicant had had to be taken to the gendarmerie station as she had failed to stop making a commotion. At the station, she had been orally warned not to disturb her neighbours and then released, since Mr M.A.G. did not wish to lodge an official complaint. In the same report it is stated that the gendarmerie station is situated 150-200 metres from the scene of the incident and that the gendarmes were well acquainted with the applicant due to numerous complaints brought against her by her neighbours regarding her unstable behaviour.

B. The criminal proceedings

On 19 February 1999 the applicant filed an official complaint with the Bursa public prosecutor about the above events and requested the prosecution of those responsible. In addition, she asked to be transferred to the Forensic Medical Institute for a medical examination.

On the same day, at 3.45 p.m., the applicant was examined by a doctor at the Bursa Forensic Medical Institute who noted that she had ecchymoses of 20x10 cm on her left shoulder and arm, an 8x5 cm ecchymosis on her right shoulder, a 6x5 cm ecchymosis on her right arm and an ecchymosis of 4x5 cm on her left thigh. He considered that the injuries rendered the applicant unfit for work for ten days.

On 20 April 1999 the prosecutor heard evidence from the applicant, Mr M.A.G. and Mr M.G.

On 21 April 1999 the prosecutor questioned the accused gendarme, Mr T.Ü. who denied the allegations against him.

On the same day, the prosecutor filed a bill of indictment against Mr T.Ü., Mr M.A.G. and Mr M.G. He accused Mr T.Ü. of ill-treatment under Article 245 of the Criminal Code, and Mr M.A.G. and Mr M.G. of defamation under Article 482.

On 3 May 1999 the criminal proceedings against the accused gendarme Mr T.Ü. and Mr M.A.G. and Mr M.G. commenced before the Bursa Criminal Court of First Instance.

In a hearing held on 28 September 1999, the court heard evidence from witnesses as regards the manner in which the applicant’s arrest took place. In particular, the applicant’s daughter testified that her mother had been pushed and hit with a truncheon. The court also heard submissions from the applicant who stated that Mr M.A.G. and Mr M.G. had insulted her and that the gendarme Mr T.Ü. had hit her with a truncheon at the gendarmerie station.

On 26 December 2000 the Bursa Criminal Court of First Instance decided, in accordance with the relevant provisions of Law no. 4616, that the proceedings against the accused should be suspended and subsequently discontinued if no offence of the same or a more serious kind was committed by the offenders within a five-year period. The applicant’s objection against this decision, notably regarding the application of Law no. 4616, was dismissed on 9 January 2002.

On 23 January 2006 the Bursa Criminal Court of First Instance, noting that the statutory time-limit for the offence had expired, decided to drop the criminal proceedings against the accused.

C. The compensation proceedings

On 17 May 2000 the applicant bought an action in tort against Mr T.Ü. and Mr M.A.G. before the Bursa Civil Court of First Instance. She sought compensation in the amount of 1,500,000,000 Turkish liras [TRL] (approximately 2,700 euros [EUR] at that time) for non-pecuniary damage for the treatment she had received from Mr T.Ü.

On 27 December 2002, after the first-instance court’s judgment had been quashed twice by the Court of Cassation on account of the low amount awarded, the court abided by the decision of the Court of Cassation and ordered Mr T.Ü. to pay the applicant TRL 350,000,000 (approximately EUR 904), together with interest at the statutory rate from 18 February 1999, the date of the ill-treatment. Mr M.A.G. was also ordered to pay a certain amount of compensation to the applicant. In this judgment the court held it established that the applicant had been beaten by Mr T.Ü. at the gendarmerie station. This judgment became final on 17 February 2003 since no one objected to it.

The applicant’s lawyer informed the court that she had been paid the amount awarded in full.