GETIREN v. TURKEY / ECHR

Notes

Date	22/07/2008
AppNr	10301/03
Body	Court (Second Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	29-3; 3; 34; 35-1; 41; 5-3; 5-4
Violated / NonViolated	35-35-46-1
Citations	35-15-35-46-16-3-c133

Conclusions:

Non-pecuniary damage - award
Partly inadmissible
Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies)
The brother has standing to continue the present proceedings in the applicant’s stead
Violation of Art. 3
Violation of Art. 3 (procedural aspect)
Violation of Art. 3 (substantive aspect)
Violation of Art. 5-3
Violation of Art. 5-4
Violation of Art. 6-1

Keywords:

(art. 3) degrading treatment
(art. 3) inhuman treatment
(art. 34) victim
(art. 35-1) exhaustion of domestic remedies
(art. 5-3) length of pre-trial detention
(art. 5-3) reasonableness of pre-trial detention
(art. 5-4) review of lawfulness of detention
(art. 6) criminal proceedings
(art. 6-1) fair hearing
positive obligations

ECHR Notes

Originating Body	Court (Second Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	10301/03
Importance Level	2
Represented by	TUNCER G.
Respondent State	Turkey
Date of Judgment	22/07/2008
Conclusion	The brother has standing to continue the present proceedings in the applicant’s stead ; Partly inadmissible ; Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 3 (substantive aspect) ; Violation of Art. 3 (procedural aspect) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 6-1 ; Non-pecuniary damage - award
Articles	3 , 5-3 , 5-4 , 29-3 , 34 , 35-1 , 41
Separate Opinions	No
Law at Issue	Article 135 of the former Criminal Code
Strasbourg Case Law	Abdülsamet Yaman v. Turkey, no. 32446/96, § 55, 2 November 2004 ; Abidin Dogan v. Turkey (dec.), no. 67214/01, 7 June 2005 ; Aksoy v. Turkey, judgment of 18 December 1996, Reports 1996-VI, § 98 ; Assenov and Others v. Bulgaria, judgment of 28 October 1998, Reports 1998-VIII, § 102 ; Bagriyanik v. Turkey, no. 43256/04, §§ 50 and 51, 5 June 2007 ; Bati and Others v. Turkey, nos. 33097/96 and 57834/00, §§ 96-100, ECHR 2004-IV (extracts) ; Çelik and Imret v. Turkey, no. 44093/98, § 39, 26 October 2004 ; Çetin Agdas v. Turkey, no. 77331/01, §§ 28, 33, 19 September 2006 ; Çobanoglu and Budak v. Turkey, no. 45977/99, §§ 29 and 30, 30 January 2007 ; Çolak and Filizer v. Turkey, nos. 32578/96 and 32579/96, § 33, 8 January 2004 ; Dalban v. Romania [GC], no. 28114/95, § 39, ECHR 1999-VI ; Demirel v. Turkey, no. 39324/98, § 60, 28 January 2003 ; Dogan Yalçin v. Turkey, no. 15041/03, § 43, 19 February 2008 ; Halis v. Turkey (dec.), no. 30007/96, 23 May 2002 ; Hanbayat v. Turkey, no. 18378/02, § 20, 17 July 2007 ; Jalloh v. Germany [GC], no. 54810/00, § 100, ECHR 2006-... ; John Murray v. the United Kingdom, judgment of 8 February 1996, Reports 1996-I, § 48 ; Kamil Uzun v. Turkey, no. 37410/97, § 64, 10 May 2007 ; Karayigit v. Turkey (dec.), no. 63181/00, 5 October 2004 ; Kosti and Others v. Turkey, no. 74321/01, § 22, 3 May 2007 ; Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000-IV ; Latif Fuat Öztürk v. Turkey, no. 54673/00, § 27, 2 February 2006 ; Macko and Kozubal v. Slovakia, nos. 64054/00 and 64071/00, § 48, 19 June 2007 ; Mehmet Yavuz v. Turkey, no. 47043/99, §§ 39, 40, 24 July 2007 ; Mehmet Sah Çelik v. Turkey, no. 48545/99, § 26, 24 July 2007 ; Michta v. Poland, no. 13425/02, § 49, 4 May 2006 ; Mutlu v. Turkey, no. 8006/02, §§ 13-14, 10 October 2006 ; Onay v. Turkey, no. 31553/02, § 41, 20 September 2007 ; Sacettin Yildiz v. Turkey (dec.), no. 38419/02, 9 May 2006 ; Saunders v. the United Kingdom, judgment of 17 December 1996, Reports 1996-VI, § 69 ; Selmouni v. France [GC], no. 25803/94, §§ 87, 95, ECHR 1999-V ; Timur v. Turkey, no. 29100/03, § 40, 26 June 2007 ; Türkmen v. Turkey, no. 43124/98, § 55, 19 December 2006 ; Yalçin Küçük v. Turkey (no. 3), no. 71353/01, § 40, 22 April 2008 (not final) ; Yavuz v. Turkey, no. 67137/01, § 42, 10 January 2006 ; Zeynep Özcan v. Turkey, no. 45906/99, § 44, 20 February 2007
Keywords	"(Art. 3) DEGRADING TREATMENT" "(Art. 3) INHUMAN TREATMENT" "(Art. 34) VICTIM" "(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "(Art. 5-3) LENGTH OF PRE-TRIAL DETENTION" "(Art. 5-3) REASONABLENESS OF PRE-TRIAL DETENTION" "(Art. 5-4) REVIEW OF LAWFULNESS OF DETENTION" "(Art. 6) CRIMINAL PROCEEDINGS" "(Art. 6-1) FAIR HEARING" "POSITIVE OBLIGATIONS"

References 35

	3 YALCIN KÜCÜK (No. 3) v. TURKEY Court (Fourth Section) Judgment (Merits and Just Satisfaction)	22/04/2008
	14 YALCIN v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	19/02/2008
	1 ONAY v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	20/09/2007
	10 MEHMET SAH CELIK v. TURKEY Court (Fourth Section) Judgment (Merits and Just Satisfaction)	24/07/2007
	5 MEHMET YAVUZ v. TURKEY Court (Fourth Section) Judgment (Merits and Just Satisfaction)	24/07/2007
	5 HANBAYAT v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	17/07/2007
	8 TIMUR v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	26/06/2007
	1 MACKO AND KOZUBAL v. SLOVAKIA 6-1 Court (Fourth Section) Judgment (Merits)	19/06/2007
	39 BAGRIYANIK v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	05/06/2007
	78 KAMIL UZUN v. TURKEY 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	10/05/2007
	33 KOSTI AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	03/05/2007
	12 ZEYNEP OZCAN v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	20/02/2007
	28 COBANOGLU AND BUDAK v. TURKEY 5-3, 6-1 Court (Second Section) Judgment (Merits)	30/01/2007
	20 TÜRKMEN v. TURKEY 3, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	19/12/2006
	9 MUTLU v. TURKEY P1-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	10/10/2006
	5 CETIN AGDAS v. TURKEY 5-3, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	19/09/2006
	135 JALLOH v. GERMANY 3, 6 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	11/07/2006
	1 YILDIZ v. TURKEY Court (Second Section) Decision (Partial)	09/05/2006
	112 MICHTA v. POLAND 5-3, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	04/05/2006
	8 LATIF FUAT OZTURK AND OTHERS v. TURKEY 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	02/02/2006
	11 YAVUZ v. TURKEY 3, 13 Court (Second Section) Judgment (Merits and Just Satisfaction)	10/01/2006
	7 DOGAN v. TURKEY Court (Fourth Section) Decision (Partial)	07/06/2005
	63 ABDULSAMET YAMAN v. TURKEY 3, 13, 5-3, 5-4, 5-5, 14, 18 Court (Second Section) Judgment (Merits and Just Satisfaction)	02/11/2004
	29 CELIK AND IMRET v. TURKEY 3, 13, 3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	26/10/2004
	38 KARAYIGIT v. TURKEY Court (Fourth Section) Decision (Final)	05/10/2004
	160 BATI AND OTHERS v. TURKEY 3, 13, 5-3 Court (First Section) Judgment (Merits and Just Satisfaction)	03/06/2004
	20 COLAK AND FILIZER v. TURKEY 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	08/01/2004
	4 HALIS v. TURKEY Court (Third Section) Decision	23/05/2002
	1035 LABITA v. ITALY 3, 5-3, 5-1, 8, P4-2, P1-3, 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/04/2000
	458 DALBAN v. ROMANIA 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/09/1999
	934 SELMOUNI v. FRANCE 3, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/07/1999
	663 ASSENOV AND OTHERS v. BULGARIA 3, 13, 5-3, 5-4, 25-1, 3, 6-1, 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	28/10/1998
	722 AKSOY v. TURKEY 3, 5-3, 13, 25-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	18/12/1996
	70 SAUNDERS v. THE UNITED KINGDOM 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	17/12/1996
	152 JOHN MURRAY v. THE UNITED KINGDOM 6-3-c, 6-1, 6-1, 6-2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/02/1996

Show all (35)

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	2 BOLUKOC AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	10/11/2009
	4 SAGNAK v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	13/10/2009
	3 ÖZCAN COLAK v. TURKEY 6-3-c, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	06/10/2009
	8 BAHCELI v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	06/10/2009
	ARZU v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	15/09/2009

ECHR CaseLaw

GETIREN v. TURKEY View

Notes

ECHR Notes

References 35

Citations Breakdown

Citations 15

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