Hüseyin Şimşek v. Turkey (68881/01)
| Date | 20080520 |
|---|---|
| Article | 6(1) |
| Decision | violation |
Violation of Article 3 (investigation)
Violation of Article 6 § 1 (fairness)
Hüseyin Şimşek v. Turkey (no. 68881/01)
The applicant, Hüseyin Şimşek, is a Turkish national who was born in 1971 and lives in St. Pölten (Austria).
In 1995 the applicant was taken into custody and charged with membership of the extreme left-wing clandestine TKP-ML/TIKKO organisation. Erzurum State Security Court (Turkey) convicted him in 2000. In March 1997 the applicant lodged a criminal complaint against the police custody officers, accusing them of having tortured him. At the end of those proceedings the Turkish courts concluded in 2004 that the prosecution of the offence in question was time-barred. Relying on Article 3 (prohibition of inhuman and degrading treatment), the applicant complained in particular of the lack of an effective investigation into his allegations. In addition, under Article 6 § 1 (right to a fair trial), he complained of the unfairness of the proceedings brought against him.
The Court noted that, after the applicant had lodged his complaint, about a year passed before the police officers against whom the charges had been made were referred to a court; that about eight months later all the evidence seemed to have been collected, with the exception of the - decisive - information that would have enabled the applicant’s torturers to be identified; that a further four years passed before the prosecution became time-barred; and that, during all that time, the applicant’s three presumed torturers continued to perform their duties. The Court found that latitude towards the accused difficult to understand, far less how, for more than five years, the police administration was able to override the instructions of a criminal court by refusing with impunity to provide photographs of the police officers. In addition, from 2002 onwards the trial judges were perfectly aware of the fact that the offence was likely to be subject to a time-bar; yet the majority nonetheless decided to hold two more hearings, the need for which the Court failed entirely to understand. Consequently, the Court concluded unanimously that there had been a violation of Article 3, given the Turkish courts’ failure to show the diligence and will required by the gravity of the circumstances, in order to ensure that the proceedings were completed before the prosecution became time-barred. The Court also concluded unanimously that there had been a violation of Article 6 § 1 on account of the lack of independence and impartiality of Erzurum State Security Court and held that it was not necessary to rule on the other complaints under this Article. It awarded Mr Şimşek EUR 5,000 for non-pecuniary damage and EUR 2,000 for costs and expenses. (The judgment is available only in French.)