PROCEDURE

The case originated in an application (no. 68694/01) 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 twelve Turkish nationals, Mr Ahmet Güven, Mr Ramazan Akdağ, Mr Kadri Sönmez, Mr Metin Göktepe, Ms Neslihan Göktepe, Mr İzzettin Koç, Mr Kadri Issı, Mr Mehmet Kışanak, Mr Rıdvan Karatay, Mr Ali Kemal Yıldız, Mr Yaşar Avcı and Ms Emsihan Karatay (“the applicants”), on 30 October 2000.

The applicants were represented by Mr T. Fırat, a lawyer practising in Izmir. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.

On 23 September 2005 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 applicants were born in 1968, 1972, 1964, 1966, 1973, 1962, 1976, 1962, 1963, 1971, 1970 and 1969 respectively. They were detained in the Buca prison, in İzmir, at the time of the events giving rise to the present application.

A. Events in Buca Prison

On 20 July 1995 the applicants, along with ten other prisoners, were taken from their cells to an area of the prison in order to be brought before the İzmir State Security Court for trial. According to the applicants, while they were waiting to be collected, they were attacked by prison administrators, prison warders and gendarmes using truncheons and wooden planks, because they had objected to being searched. According to the Government the applicants had resisted the search, attached themselves to one another and subsequently fallen down the stairs and injured themselves. The applicants were then taken to the İzmir State Security Court in prison vehicles.

At the hearing before the State Security Court, the applicants' complained that they had been beaten before being brought before the court. The court noted the applicants' condition and decided to postpone the proceedings on the ground that it was impossible to hold a hearing in such circumstances. It ordered that the applicants be medically examined and that the results be sent to the İzmir public prosecutor's office with a view to the opening of an investigation. A letter to that effect was sent the same day to the public prosecutor.

B. The investigation concerning the incident in Buca prison

A preliminary investigation was instigated by the İzmir public prosecutor's office into the allegations of the applicants. On 20 July and 14 August 1995 the prosecutor took statements from the applicants who reiterated that they were beaten by the gendarmes and the prison wardens.

On 20 July 1995 a forensic expert examined Ahmet Güven, Kadri Sönmez, Metin Göktepe, Neslihan Göktepe, İzzettin Koç, Kadir Issı, Mehmet Kışanak, Rıdvan Karatay, Ali Kemal Yıldız and Ms Emsihan Karatay in prison.

In his report, the doctor noted that Emsihan Karatay complained of a pain in her head and her left leg. The doctor decided that the applicant be referred to the orthopaedist at the Izmir State Hospital.

As regards Neslihan Göktepe, he observed that there were swellings on her head, behind her left ear and an erythema on her back as a result of blows. He also noted a graze on her neck. The doctor concluded that Neslihan Göktepe should be re-examined by a forensic expert at the Izmir Forensic Medicine Institute in seven days.

In respect of Kadri Issı, the doctor noted erythemas on the upper left part of his back and on his left arm. He further observed a wound and haemorrhage under his left ear. Kadri Issı further complained of pain in the lower right part of his back. The doctor considered that the injuries rendered the applicant unfit for work for fifteen days.

As to İzzettin Koç, the medical report referred to wounds over his eyebrows and nose and several ecchymoses, erythemas and grazes on his back and his left knee which had been caused by blows. The doctor concluded that the injuries rendered İzzettin Koç unfit for work for ten days and that he would recover within twenty days following a medical treatment.

As regards Mehmet Kışanak, the doctor observed swellings and erythemas on the upper part of the back, underneath the chin and around the nose and mouth as a result of blows. He further noted an erythema on the applicant's right leg. The doctor concluded that the injuries rendered Mehmet Kışanak unfit for work for ten days and that he would recover within twenty days following a medical treatment.

As regards Rıdvan Karatay, the medical report referred to an erythema and a swelling on the right eye orbit, erythemas and ecchymoses on the upper part of the back as a result of blows. The applicant further complained of pain in his head. The doctor decided that Rıdvan Karatay should be referred to the ophthalmologist at the Izmir State Hospital.

With regard to Kadri Sönmez, the forensic expert noted erythemas and swellings on the upper part of his back, on both his arms and his right ear. The applicant also complained of pain in his left leg. The doctor observed that the injuries rendered the applicant unfit for work for five days.

As to Ali Kemal Yıldız, the report referred to swellings and erythemas on the applicant's back, neck, and head and to an ecchymosis behind his ear as a result of blows. There were also erythemas on the applicant's left arm and left leg. The doctor further noted that the applicant complained of pain in his head and his chin. He concluded that the injuries rendered him unfit for work for seven days and considered that he would recover within five days.

As regards Metin Göktepe, the doctor observed swellings, erythemas and ecchymoses behind the applicant's head, on his chin, back, neck and arms as a result of blows. The forensic expert concluded that the injuries rendered him unfit for work for ten days and considered that he would recover within twenty days following medical treatment.

Finally, as regards Ahmet Güven, the medical report referred to pain in the applicant's head, wounds on the right eye orbit and around the eyebrows, to swellings and pain in his right arm and to ecchymoses and grazes on his back and around his ribs. The doctor decided that the applicant be referred to the orthopaedist at the Izmir State Hospital.

On 18 August 1995 an expert from the Forensic Medicine Institute examined Ramazan Akdağ and sent the medical report to the Izmir public prosecutor's office. According to this report this applicant sustained the following injuries: haemorrhage on the right sclera, swelling of 4 x 4 cm on the post-parietal bone on the scalp, erythemas on the forehead, swellings and ecchymoses on the zygomas, the orbits and the left ear, swelling and a scar on the lower lip, a trauma on the left clavicle, ecchymosis of 10 cm in diameter on the left hemithorax and ecchymotic lesions on the right hemithorax. The forensic expert considered that the injuries were not life threatening but rendered him unfit for work for seven days and that he would recover within twenty days.

On 17 November 1995 a doctor from the Forensic Medicine Institute reported that Yaşar Avcı, who was hospitalised on 20 July 1995 with the diagnosis of “general body trauma”, had sustained the following injuries at the time of the hospitalisation: ecchymoses on the back and on both shoulders, a graze of 2 x 2 cm on the right zygoma, erythemas in the forehead, sensitivity on the left tibia. The doctor considered that the applicant should wear a cervical collar. According to the report of 17 November 1995 the applicant was discharged from the hospital on 28 July 1995 and was re‑examined on 9 October 1995. The expert concluded that the injuries had not been life threatening but had rendered him unfit for work for ten days and that he would recover.

On 9 April 1996 the prosecutor decided not to prosecute the Director of Buca Prison and his staff for alleged ill-treatment of the applicants. The applicants objected to this decision. On 25 June 1996 the Karşıyaka Assize Court dismissed the applicants' objection.

On 11 April 1996 the prosecutor transferred the investigation file concerning the gendarmes to the İzmir Administrative Council. However, the case file subsequently went astray after it was sent to the Divisional Gendarme Command at Buca Prison.

On 1 May 2000 İzmir Administrative Council decided to open an investigation against three gendarme officials in connection with the disappearance of the above-mentioned case file. It however decided not to bring proceedings against the gendarmes responsible for the transfer of the applicants to court on 20 July 1995.

The Government informed the Court that the proceedings against the gendarmes who had lost the file were terminated by a decision of non‑prosecution on 15 January 2002 on account of the expiry of the statutory time-limit.

The applicants claimed that they were never informed of the outcome of the proceedings and that they learned of the decision of the İzmir Administrative Council when the Court delivered its judgment in the case of Satık and Others (no. 31866/96, 10 October 2000) which had been lodged by ten other prisoners who had been injured on 20 July 1995 in Buca prison.

C. The detention conditions of Ahmet Güven

The applicant was convicted of carrying out activities for the purpose of bringing about the secession of a part of the national territory under Article 125 of the Criminal Code and sentenced to death on 2 December 1998. This judgment became final on 17 April 2000 after the Court of Cassation upheld the judgment of the first-instance court. On 6 September 2002 the applicant's sentence was commuted to life imprisonment by the İzmir Assize Court.

It appears from the case-file that the applicant took part in hunger strikes on various occasions and that as a result his health deteriorated.

According to the medical report issued by Bitlis State Hospital on 26 June 2003 the applicant suffered from hypertension, anxiety and slight amnesia. On 15 July 2003 the Bitlis State Hospital Medical Commission issued an additional report in which it concluded that the medical condition of the applicant did not necessitate the suspension of his sentence.

On 28 July 2003 the applicant requested the suspension of his sentence pursuant to Article 399 of the Criminal Code on Procedure. On 17 July 2003 the Bitlis public prosecutor, relying on the aforementioned reports of the Bitlis State Hospital, dismissed the applicant's request. No document has been submitted by the parties as to whether the applicant objected to this decision.

According to a medical report issued by Bitlis State Hospital on 24 June 2004 the applicant suffered from hypertension, depression, vertigo (light-headedness) and head pains. The applicant was prescribed medication as well as a special diet. Following this report the prison authorities decided that the applicant be given a special diet.

According to a medical report issued by two doctors, Mr U.O. and Mr N.S., on 1 November 2005, the applicant was diagnosed in 2003 as suffering from hypertension and amnesia. They noted that he was receiving drug treatment and that he could physically continue to take care of himself within a prison facility.

The Government submitted a number of documents as regards the applicant's transfer to various medical centres for check-up and the results of his analyses.