PROCEDURE

The case originated in an application (no. 53645/10) 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 Musa Ateşoğlu (“the applicant”), on 2 July 2010.

The applicant was represented by Mr O. Gündoğdu, a lawyer practising in Kars. The Turkish Government (“the Government”) were represented by their Agent.

On 29 November 2012 the application was communicated to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1985 and lives in Kars.

On 27 April 2002 the applicant, who was seventeen years old at the time, was arrested by police officers in Kars, on suspicion of robbery. On the same day, he was examined by a doctor at the Kars State Hospital, and no signs of injury were reported.

At the police station, the applicant was allegedly forced to make self-incriminating statements. During his interrogation, the applicant claims that the police officers pulled his ears and he was beaten and subjected to falaka (beating on the soles of his feet).

On 29 April 2002, following the complaint of the applicant’s representative, the Kars Public Prosecutor went to the police station to see the applicant. According to his report, there were several widespread bruises on the soles of the applicant’s feet and oedema behind his ears. The public prosecutor also noted that the applicant had stated that he had been ill‑treated and that he could identify the police officers who had ill‑treated him. The same day, the applicant identified the four police officers who had ill‑treated him. Following his interrogation by the public prosecutor, the applicant was released.

The applicant was subsequently taken to the Kars State Hospital for a medical examination. According to the doctor’s report, there were several scars on his left arm, bruises and oedema behind his left ear, and bruises on both of his palms and on the soles of his feet. It was noted that his injuries would heal in five days.

On 1 May 2002 the Kars Public Prosecutor initiated criminal proceedings against four police officers, accusing them of ill-treating the applicant under Article 245 of the former Criminal Code. The applicant joined the proceedings as a civil party.

On 9 May 2002 the Kars Criminal Court declared that it lacked jurisdiction, holding that the proceedings should be initiated before the Assize Court on account of torture under Article 243 of the former Criminal Code.

The proceedings therefore resumed before the Kars Assize Court. At the end of the trial, on 15 June 2010 the Kars Assize Court, on the basis of the evidence in the case file, found the police officers guilty of inflicting torture pursuant to Article 243 of the former Criminal Code. The court found it established that the police officers had intentionally ill-treated the applicant to extract a confession. It accordingly sentenced each of the police officers to one year imprisonment under Article 243 of the former Criminal Code, and banned them from public service for six months. Having regard to the good attitude of the police officers during the trial, the court then reduced their sentence to ten months’ imprisonment and five months’ ban from public service. It subsequently suspended the pronouncement of the judgment in accordance with Article 231 of the Code of Criminal Procedure.