TURKEY / EUROPEAN COMMISSION OF HUMAN RIGHTS: ADMISSIBILITY
DECISIONS.
Süheyla Aydin v Turkey
Press Release: 6 February 1998 Case Update
On 12 January 1998, the European Commission of Human Rights declared the case
of Süheyla Aydin v. Turkey (Appl. 25660/94) admissible. This case concerns
the disappearance and killing of the applicant's husband, whose corpse was
found 5 days after he was released from custody by the Diyarbakir State Security
Court.
The Applicant alleges that on 18 March 1994, she and her husband Necati Aydin,
then president of a health workers' trade union, were taken into custody together
with nine other members of their family. They were taken to the Struggle against
Terrorism Branch in Diyarbakir. The applicant, who, at the time was six months
pregnant, was released on 22 March 1994. Her husband and his cousin Mehmet
Ay, were not released. They were brought before the Diyarbakir State Security
Court on 4 April 1994. Despite the order of release from the Court, the two
men were taken out through the back door of the court building and were taken
to an unknown destination. Their families waited outside the court's building
until late in the evening but never saw the two men alive again.
On 9 April 1994, villagers working in the fields at Silvan district near the Pamuklu river (about 40 kilometres outside Diyarbakir) discovered three bodies. Two of these bodies were identified by the applicant and her family as being those of Necati Aydin and his cousin. An autopsy was performed and it was concluded that the two men had been summarily executed, as their bodies were found with the hands tied behind their backs. The applicant also alleges that she and her husband were tortured while in custody. She alleges a violation of article s 2 (right to life), 3 (freedom from torture), 6 (access to court), 11 (freedom of association), 13 (right to an effective remedy) and 14 (freedom from discrimination) of the European Convention of Human Rights.
The Government contends that the applicant, her husband and his cousin were examined by doctors and that there were no sign of ill-treatment or torture. On the day the two men were released they left the court building and were then found dead. An ex officio investigation was opened which is still pending. The Government alleges that the murderers are PKK terrorists and the investigation would lead to their being identified.
The Commission unanimously declared the application to be admissible. Its next task is to consider the merits of the case and prepare a report, pursuant to article 31.
The relevant article s of the Convention are: Art.
3 (prohibition from torture and inhuman / degrading treatment), article 5
(right to liberty and security), 6 (right to a fair trial/ access to court),
article 7 ( freedom from retroactive criminal law), article 8 (right to repesct
for home and family life), article 10 (freedom of expression), article 13
( right to an effective remedy), article 14 (freedom from discrimination),
article 18 (prohibition of the use of restrictions for an improper purpose),
article 25 (right to individual petition free of State interference) and article
1, Prot.1 (right to property).
The Kurdish Human Rights Project (KHRP) has assisted these applicants in
bringing their case before the European Commission of Human Rights in Strasbourg.
For further information please contact: Kerim Yildiz,
Executive Director / Fiona McKay, Deputy Director / Sally Eberhardt, Public
Relations Officer Kurdish Human Rights Project on the address below.
Please e-mail KHRP at khrp@khrp.org,
to be placed on our Press Release mailing list.
