ECHR: Impunity of Torturers (even of Girl aged 14) in Turkey eve of German Chancelor Merkel visit

Impunity for Torturers, even of Children aged 14, still persists in Turkey, in many cases as that of Ondu Erdogan, a fragile Girl who tried to commit Suicide after her arrest by Turkish Police, ECHR revealed at the eve of German Chancelor Angie Merkel's visit to Ankara and Istanbul to meet Turkish Prime Minister Recep Tayyip Erdogan.

Scandalously prolonged Impunity for suspected Torturers in Turkey, even of a Girl aged only 14, who was shocked and attempted to commit Suicide by climbing out of a 4rth flour after being arrested by Turkish Police on mere "anonymous" accusation to have "an illegal Document in her Bag" (sic !), or of a Youngster Jailed for a Decade and still prosecuted in 2010 for 15 Years, whose ill-treatment was followed by Chronic Taumas and by a Hunger Strike resulting in grave Brain Damage in controversial circumstances inside Turkish Prisons, was denounced by the ECHR which condemned Ankara to pay 27.300 Euros to one of the victims.

Topically, ECHR's judgements condemning Turkey on such Grave Torture and/or Inhuman/Degrading Treatment cases were published in Strasbourg only a few Days before German Chancelor Angie Merkel's 1st visit to Turkey since she brillantly won the June 2009 EU Elections, placed under the thema of opposal to Turkey's controversial and impopular EU bid, and succeeded to get, on September 2009 National Elections, the New Governemental Majority Coalition she wished for, after chairing Germany's 2007 EU Presidency by stressing that "Europe's Soul is Human Rights", as she declared in EU Parliament in Strasbourg in an Historic Speech since January 2007, before also visiting ECHR itself.

But more and more Facts clearly indicate that Turkey's persisting reluctance to really abide by ECHR's case-Law, risks to provoke larger Problems to CoE's Human Rights' Protection Mechanism, particularly by threatening to grant, in practice, to Torturers and/or Killers' a "Virtual Impunity" (See also infra).

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Indeed, ECHR found this week, in particular that, until now (2010), nothing was done by the Turkish Authorities to seriously investigate the ill-treatment of a Child aged only 14, whose Family denounced that she was arrested, beaten and ill-treated by Turkish Policemen, up to the point to attempt Suicide immediately afterwards, in Istanbul (Constantinople) on 2001 : No Medical Examination of the Victim, not even a Statement taken from the Victim on the incident , while proceedings against the Turkish Policemen suspected of Torture were droped by "Administrative" Officials "Hierachically linked" to them, (etc), proved that the Turkish Authorities "Failed to conduct an effective investigation into the (victim)'s allegations of ill-treatment" and committed, "therefore, .. a Violation" of the Human Right against Torture and/or ill-Treatment.

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Scandalous Cases' Facts

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Her "Family ...found (her) in a Hysterical state, Screaming and cursing the Police officers, Hurling herself against the Walls and attempting to Throw herself out of the Window. (She) also had Bruises and Scratch Marks on her Head and Wrists." "Once at her Sister's House, which was on the 4rth Floor, (the Victim) attempted to commit Suicide by Jumping out of the Window".

She "spent the following 14 Days in the Intensive Care unit at Istanbul University Hospital" and afterwards underwent "Psychological Treatment at the Human Rights Foundation" for Years.

Scandalously, the Turkish Government admitted that its numerous Agents had arrested the Girl aged 14, and submitted her to "Questions by Expert Police Officers from the anti-Terrorist branch", "only ... because they had received... an Anonymous tip-off Call" claiming that "a Woman (was) carrying illegal Documents in her Bag" (sic !)...

Afterwards, when Turkish Police realized that it was a Blunder, and that the Girl "had No affiliations with any illegal Organisaions", instead of releasing her immediately, on the contrary they still "Kept her" Detained, pretexting now, that they "believed" that their Victim .. "was "Mentally Unstable" !

Moreover, Turkish Policemen reportedly "asked her Family Not to lodge a criminal Complaint or inform the Press of the incident", ECHR notes. But the victim's "Father filed a Criminal Complaint" denouncing "that the (Turkish) Police officers who had caused his Daughter's Mental Suffering ought to be held Responsible for (her) Suicide attempt".

However, the so-called "Investigation" allegedly made by the Turkish Police itself, included "8 Police Officers" comming "to her Sister's House" to "require their signatures" , threatening the victim's Family, that if they refused "to sign these documents (this) would result in their permanent detention in police custody".On the contrary, the so-called Investigators "did Not, however, take a statement from the" Victim herself, claiming that "she had not fully regained her health" yet, after the tragic incidents.

Moreover, the Turkish Officials " Declined to grant the ...authorisation to Prosecute the accused Police Officers", claiming that they found "a lack of Sufficient Evidence".. Curiously, the Turkish Authorities claimed that it was "believed" to have been .. the Victim herself who had reported herself to the Police, for ..unknown reasons" (sic !), that she had been always .. "Calm.. throughout her Detention at the (Turkish) Police Headquarters" (of notorious Tranquility, .. sic !!), and that the only problem for which "she ..attempted to hurt herself" appeared merely "upon being confronted with her Family" (re-sic !!!)... For Ankara's agents, the "Suicide attempt (committed immediately after she was released from Jail) could Not be related to her Detention", and her Family "had not .. any Evidence" for her denunciations, rejecting them since 2002.

Not even a mere "Negligence" wasn't established by the Turkish Authorities "against the accused Police Officers" who Arrested, Questioned and Detained the 14 Years old Girl (later founded Wounded and Shocked to the point to immediately commit Suicide), only on an "Anonymous" Phone call claiming that she would have "an illegal Document in her Bag" (See supra)... Therefore, until 2010, "No Disciplinary Action was therefore taken against" the accused Turkish agents, ECHR observes.

Ankara's Government didn't change its attitude not even in 2008, when it curiously claimed that the Victim "had not been arrested and taken into custody, but merely kept under police surveillance" (sic). - Since 2008, "the (Turkish) Government further argued that the (victim) had been extremely Calm (sic) and Quiet during the period she had spent under (Turkish) Police Surveillance", well-known for its behavior, ECHR notes in 2010.

For Ankara, the Turkish "State Authorities could Not be held Accountable for ...her Suicide attempt (immediately) after she was handed over to her Family". Despite Turkish President Gül's repeated Promisses to the EU about "Zero Tolerance for Torture", nevertheless, even during 2008-2010, the Turkish Government routinely continued to claim, as in the Past, "that an Effective Investigation had been ...carried out in respect of the (Victim's allegations", and that there would be nothing more to do..

The young Girl (which spend 15 Days in "Intensive care" at the Hospital immediately after her arrest : See supra) "did not respond" to such obviously scandalous claims by Ankara's Authorities, as ECHR notes.

- "For the purposes of Article 3 of the (European) Convention (on Human Rights), the (Victim)'s well-being was the Responsibility of the (Turkish) State Authorities from the moment she was under Police Control", ECHR observes obviously. - "The (Turkish) State's Responsibility, ...may be invoked if it can be proven, beyond reasonable doubt, that the applicant's self-destructive behaviour was a direct Result of Adverse Treatment she had received while in (Turkish) Police Custody, which was sufficiently Severe to drive her to take her own Life", EuroJudges stress on the Victim's grave Suicide attempt immediately after returning from Detention.

But, given also the absence of any efficient investigation by Ankara's Authorities (See supra and infra), ECHR was hindered to find "satisfactory Documentary Evidence" "in the case File" on what really happened, and this "severely Hampers the Court's ability to make an assessment of the Facts". "This ...Precludes the Court from making Any Assessment as to whether the (Turkish) State Authorities could be held Accountable for the (victim)'s subsequent Suicide attempt" from which she was gravely wounded, ECHR regrets. In fact, "the Absence of Evidence ...stems to a large extent from the (Turkish)Government's Disregard for their ...Obligations", ECHR clearly denounced.

Indeed, at "First ... the Medical Examination of persons in Police Custody constitutes one of the most Essential Safeguards against ill-Treatment...and ...play(s) a Crucial role". "At the time of the events" this "was a Requirement to be fulfilled by the State authorities.... and Not the Responsibility of the (Victim) as argued by the (Turkish) Government". But, "despite the foregoing, the Court observes that the (young Girl) underwent a Medical examination Neither before being taken into Custody at the (local Turkish) Police Headquarters, Nor After her release from detention", and " this ...Shortcoming reduced the possibility of a meaningful examination in respect of the (Turkish) State authorities' ...Obligations". Moreover, the Victim herself "was at No point asked to provide a Statement ...during the ...investigation, Not even after she was released from Intensive care". And, " in the Absence of a satisfactory Justification by the (Turkish) Government, the Court concludes that this Omission ...Seriously Prejudiced the Effectiveness of the Investigation".

ECHR also denounces the fact that "the Worrisome nature of the (Victim)'s allegations, the Lengthy period of Time she spent in Police Custody and, in particular, her Age (a Child aged only 14) and apparently Fragile mental condition at the material time, raise a Reasonable Suspicion that she could have been subjected to ill-Treatment" by the Turkish Agents who arrested her. Finally, ECHR recalled its "

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The Victim "was examined ..by a Doctor ...who found that (he) had Pain and Difficulty in Hearing ...and Numbness in his left Arm", and another "Medical Examination ...revealed ...Damage to Nerves on the left Arm" on "October 2000". He denounced

But, since "December 2003", the Turkish "Prosecutor decided that .. there was No need to Prosecute any (Turkish) Police Officer", claiming that there would be "absence of Evidence".

On the contrary, Turkish Authorities launched "Criminal Proceedings" against the Victim, "which, .. are still Pending" before the Turkish courts in 2010 !

But, on 2009, Ankara's Government still "maintained that the (Victim)'s allegations were not supported by appropriate evidence".

ECHR sharply replied to Turkey that, according to his well-known Established Case-Law, "where an Individual is taken into Custody in Good Health, but is found to be Injured by the time of release, it is incumbent on the State to provide a plausible E"xplanation of how those injuries were caused and to produce Evidence casting doubt on the victim's allegations, particularly if those allegations were corroborated by Medical Reports, failing which, a clear issue arises under Article 3 of the (European) Convention" on Human Rights, prohibiting Torture and/or Inhuman/Degrading Treatments. Here, the Victim "was Detained in (Turkish) Police Custody", where " the ill-treatment complained of by the (Victim) consisted mainly of being Blindfolded, Hanged, Electrocuted, Stripped and Beaten", and 2 "Medical Report(s) drawn up at the end of his stay in ..custody found that (he) had Pain and Difficulty in Hearing ...and Numbness in his left Arm", which "presented Symptoms of ..Nerve Damage", "supporting" his "allegations that he suffered Damage to this Limb". But the Turkish "Government failed to provide an explanation as to the manner in which this Injury was sustained" to the Victim, " who was throughout this whole time under the Control of the (Turkish) State Authorities". "Considering the Circumstances of the case as a whole, ...the Court finds that it was the result of Treatment for which the (Turkish) Government bore Responsibility" "for the Injuries".

- "Nonetheless, ...there were Striking Shortcomings in the way the Investigation was conducted by the (Turkish) Authorities", ECHR observes :

2) "Secondly, the Court notes that neither the (Victim) nor ..other Complainants were ever requested to Identify the alleged Perpetrators, either by way of checking police Photographs or by an Identification Parade". ECHR found "that there was No Serious Attempt ...to Elucidate the Identities of these Police Officers".

3) "Thirdly", the Turkish Authorities also "Failed to Hear any Police Officers or potential Eyewitnesses, such as other persons held in the same detention unit" as the Victim. "In the light of the above, the Court does Not find that the (Turkish Authorities') investigation met the requirements of Thoroughness and Effectiveness". Turkey "

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Larger Problems provoked to CoE's Human Rights' Protection Mechanism : Torturers/Killers' "Virtual Impunity" ?

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In fact, Many such Problems in Turkey continue to be largely Widespread, and even tend to negatively affect CoE's Human Rights' Protection Mechanism, as Official Data attest in 2010 :

* F.ex., only on March 2010, CoE's Committee of Ministers, entrusted with the Duty to "supervise the Execution of ECHR's Judgements" condemning a State for Violations of Human Rights, had to examine more than .. 43 "Cases concerning the Lack of Effective Investigations of Abuses by ..the Turkish Security Forces".

- "in particular the ill-Treatment or ..Death.. under circumstances engaging the Responsibility of the (Turkish) State", where, "the Deficiencies noticed by ECHR in the conduct of Investigations, resulted in granting virtual IMPUNITY to the (Turkish) Security forces", as a CoE's source clearly denounced.

In fact, the March 2010 Number was even bigger for ECHR's unexecuted Judgements in cases where innocent People were brutally Killed, since it extended also to the infamous Mass Murder of Greek Cypriot unarmed demonstrator Isaac, the Deadly shooting of unarmed demonstrator Solomou, both notoriously filmed since 1996, (etc), and even Non-Political cases, as that of a Poor Family with Old Women and Small Children atrociously killed inside their Home, destroyed by the ..Explosion and Landslide of a Mass of Rubbish and Shit scandalously stocked close to inhabited areas by Istanbul's city council, without anyone being yet punished, (OnerYildiz case).

Most of these Non-Executed ECHR Judgements on Torture or Inhuman/Degrading Treatments and Killings in Turkey have been issued between 2004 and 2009, (i.e. during Ankara's controversial EU bid, and even during the Expensive EU - Turkey Negotiations of 2005-2010).

* But such developments obviously add into provoking notoriously growing Problems at CoE's Committee of Ministers, whose overload was already denounced by ECHR Top Officials, initially in Jan. 2009 (See reply of ECHR's President Costa to "EuroFora"s questions), and even more in Jan. 2010 (See reply by ECHR's Head Registrar, Erik Fridberg, to another Journalist's questions).

An astonishing fact, recently revealed, is that, while the Number of New Cases coming for execution supervision is rather Steady, on the contrary, the Number of Old Cases Pending for Execution at CoE's Committee of Ministers for years, but not yet implemented by the respondent State until 2010, is largely growing !

According to the latest Official Statistics, given by CoE's sources to "EuroFora", from some 6.200 ECHR Judgements Pending for Execution in 2007, their Number grew up to almost 9.000 in 2010, i.e. almost a + 50% increase !

* And the Biggest Number of Non-Implemented ECHR Judgements revealing Serious, Structural Problems risking to provoke many similar Violations of Human Rights also in other equivalent cases in the Present and Future, concern Turkey :

Indeed, recently published CoE's Statistics reveal that CoE's Committee of Ministers accumulated an overload of Non-implemented cases of "Systemic Problems", called "Reference cases", which threaten to undermine the efficiency and credibility of the PanEuropean mecanism for Human Rights' protection, much more than the growing influx of new cases, whose necessary management shouldn't restrict ECHR's cornerstone : Victims' Right for Individual Application to Strasbourg's Court, as many INGO's warned, (See "EuroFora"'s NewsReports from CoE's Ministerial Conference at Interlaken, Switzerland).

No 1 comes largely Turkey, with 15% of such "Reference Cases" Pending for Execution of ECHR's Judgements, according to CoE's official data for the entire 1959-2010 period. At a distance of some 50% less, follow Bulgaria and Romania (9 and 8%, respectively). Russia comes afterwards with 7%, followed by Poland, Italy, Greece and Moldova with 5%. Ukraine and France are at 4%, Croatia at 3%, and Georgia at 2%, (etc. : See Graphics).

However, according to EU's principles, any State demanding to have a "Candidate" status for eventual EU Acccession, in order to receive and keep that status, (which entails also large Sums paid by EU Taxpayers' Money, including Poor People obliged to pay VAT on all their revenues : More than 600 Millions € per Year for Turkey only), have to sufficiently respect "Copenhagen" Criteria on Human Rights, Democracy and Rule of Law.

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