ECHR found Turkey guilty for Article 3 of the Convention (Ban of torture and ill-treatment) on Mehmet Hida Gülaydın during an electoral campaign in 2004, ordering the Turkish state to pay 15,500 euros for non-pecuniary damages and court expenses.
"In situations where an individual is deprived of their freedom or confronted by security forces, any exercise of physical power is an attack on human dignity. Confirmed by Diyarbakir Forensics Institute report, the police force exercised on the applicant is unbalanced and unnecessary resulting a serious injury," the verdict said in February 12.
The court also underscored the impunity on Gülaydın's case, saying that Turkish authorities failed to make an effective investigation which eventually immunized the suspected police forces from prosecution.
Timeline of events
On 28 March 2004 a group of DEHAP party members demonstrated in Diyarbakir on the ground that electoral ballots were seized by the police during a municipal election. The applicant, Mehmet Hida Gülaydın, was working as a ballot observer.
The same day Gülaydın became subject to police violence during the protests. A medical report noted that he was hospitalized due to edema in his head and chest, and broken left arm. Diyarbakir Forensics Institute issued another report confirming Gülaydın's injury.
On 21 September 2004 Gülaydın filed an official complaint on the police officers who were involved in the incident.
On 2 July 2009 Gülaydın applied to ECHR due to the slow investigation process.
On 16 March 2012 a prosecutor dropped charges of the suspect police officers due to the statute of limitations.
On 25 June 2012 a high criminal court rejected Gülaydın's appeal. (AS/BM)
