SALMANOGLU AND POLATTAS v. TURKEY View

Notes

Date	17/03/2009
AppNr	15828/03
Body	Court (Second Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	3; 41
Violated / NonViolated	3
Citations	36-16-3-c13P1-13P1-1

Conclusions:

Non-pecuniary damage - award
Pecuniary damage - claim dismissed
Violation of Art. 3
Violation of Art. 3 (procedural aspect)
Violation of Art. 3 (substantive aspect)

Keywords:

(art. 3) degrading treatment
(art. 3) effective investigation
(art. 3) inhuman treatment

ECHR Notes

Originating Body	Court (Second Section)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH
Application Number	15828/03
Importance Level	2
Represented by	AYDIN O.
Respondent State	Turkey
Date of Judgment	17/03/2009
Conclusion	Violation of Art. 3 (substantive aspect) ; Violation of Art. 3 (procedural aspect) ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - award
Articles	3 ; 41
Separate Opinions	Yes
Law at Issue	Articles 10, 10 (5) and 10 (6) of the Directive on Apprehension, Arrest and Taking of Statements dated 1 October 1998 (“1998 Directive”)
Strasbourg Case Law	Abdülsamet Yaman v. Turkey, no. 32446/96, § 55, 2 November 2004 ; Akkoç v. Turkey, nos. 22947/93 and 22948/93, § 118, ECHR 2000-X ; Algür v. Turkey, no. 32574/96, § 44, 22 October 2002 ; Ay v. Turkey, no. 30951/96, §§ 59-60, 22 March 2005 ; Bati and Others v. Turkey, nos. 33097/96 and 57834/00, ECHR 2004-... (extracts) ; Çelik and Imret v. Turkey, no. 44093/98, § 55, 26 October 2004 ; Enzile Özdemir v. Turkey, no. 54169/00, § …, 8 January 2008 ; Juhnke v. Turkey, no. 52515/99, 13 May 2008 ; Labita v. Italy [GC], no. 26772/95, § 121, ECHR 2000-IV ; Mehmet Emin Yüksel v. Turkey, no. 40154/98, § 29, 20 July 2004 ;Mehmet Eren v. Turkey, no. 32347/02, § 40, 14 October 2008 ; Osman Karademir v. Turkey, no. 30009/03, § 54, 22 July 2008 ; Süleyman Erkan v. Turkey, no. 26803/02, § 31, 31 January 2008 ; Türkan v. Turkey, no. 33086/04, § 42, 18 September 2008 ; Uzun v. Turkey, no. 37410/97, § 64, 10 May 2007 ; Yusuf Fidan v. Turkey (dec.), no. 2420994, 29 February 2000
External Sources	Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, “Istanbul Protocol”, (submitted to the United Nations High Commissioner for Human Rights, 9 August 1999) ; Annexes to the Interim Report of the Turkish Government in response to the Report of the CPT on its visit to Turkey from 5 to 17 October 1997, CPT/Inf (99) 3 ; CPT/Inf (2000) 17 § 19 ; CPT/Inf (2001) 25 §§ 64-66 ; CPT/Inf (2002) 8 § 42 ; CPT/Inf (2003) 8 § 41 ; CPT/Inf (2006) 30, § 25 ; Report to the Turkish Government on the visit to Turkey carried out by the CPT from 5 to 17 October 1997, CPT/Inf (99) 2, § 39
Keywords	"(Art. 3) DEGRADING TREATMENT" "(Art. 3) EFFECTIVE INVESTIGATION" "(Art. 3) INHUMAN TREATMENT"

References 16

	5 L.Z. v. ROMANIA Court (Third Section) Judgment (Merits and Just Satisfaction)	03/02/2009
	12 MEHMET EREN v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	14/10/2008
	12 TURKAN v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	18/09/2008
	3 OSMAN KARADEMIR v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	22/07/2008
	18 JUHNKE v. TURKEY 8, 6-1, 3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	13/05/2008
	5 SÜLEYMAN ERKAN v. TURKEY Court (Third Section) Judgment (Merits and Just Satisfaction)	31/01/2008
	78 KAMIL UZUN v. TURKEY 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	10/05/2007
	46 AY v. TURKEY 3 Court (Second Section) Judgment (Merits)	22/03/2005
	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
	27 MEHMET EMIN YUKSEL v. TURKEY 3, 13 Court (Second Section) Judgment (Merits and Just Satisfaction)	20/07/2004
	160 BATI AND OTHERS v. TURKEY 3, 13, 5-3 Court (First Section) Judgment (Merits and Just Satisfaction)	03/06/2004
	39 Y.F. v. TURKEY 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	22/07/2003
	15 ALGÜR v. TURKEY 3, 6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	22/10/2002
	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
	67 AKKOC v. TURKEY Commission (Plenary) Decision	11/10/1994

1–10 of 11

Citations 11

	YAVUZ CELIK v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	26/07/2011
	1 KOROBOV v. UKRAINE 3, 6-1 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	21/07/2011
	DESDE v. TURKEY 3, 6-1, 6-3-c, 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	01/02/2011
	MUSA YILMAZ v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	30/11/2010
	YILMAZ AND ZABUN v. TURKEY 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	12/10/2010
	SADYKOV v. RUSSIA 3, P1-1, 13, P1-1 Court (First Section) Judgment (Merits and Just Satisfaction)	07/10/2010
	2 KARAGOZ AND OTHERS v. TURKEY 3, 13 Court (Second Section) Judgment (Merits and Just Satisfaction)	13/07/2010
	DONDU ERDOGAN v. TURKEY 3, 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	23/03/2010
	OZGUR UYANIK v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	23/03/2010
	BALLIKTAS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	20/10/2009

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