CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 décembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } Published on 6 January 2025   SECOND SECTION Application no. 43718/22 Muhammet ŞEREFLİOĞULLARI against Türkiye lodged on 8 August 2022 communicated on 17 December 2024 SUBJECT MATTER OF THE CASE The application concerns the alleged ill-treatment inflicted on the applicant by police officers and the ensuing criminal proceedings. Following an intervention by police officers regarding the applicant’s son, who was selling water on the street, an altercation took place between the police officers and the applicant, as a result of which both parties sustained injuries. The medical reports issued on the day of the event noted a fracture in the applicant’s right wrist, as well as oedema and lesions on various parts of his body. Criminal proceedings were initiated against two of the officers and the applicant. As a result, the Criminal Court of General Jurisdiction found the officers guilty of causing bodily injury and sentenced them to one year and three months’ imprisonment. The court decided to suspend the pronouncement of the judgment with regard to one of the officers pursuant to Article 231 of the Code of Criminal Procedure (Law no. 5271) and deferred the execution of the judgment for the other. The applicant was also found guilty of resistance in order to impede the exercise of the officers’ duty. The Constitutional Court found the applicant’s individual application inadmissible as being manifestly ill-founded. The applicant complains under Articles 3, 6 and 13 of the Convention that he was subjected to inhuman treatment and that the domestic authorities failed to carry out an effective investigation into the matter. QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to inhuman or degrading treatment, in breach of Article   3 of the Convention, on account of the treatment inflicted on him by the police officers on 7 July 2017   (compare Böber v.   Turkey , no.   62590/09, §§ 28-30, 9 April 2013)?   2.     Having regard to the procedural requirements of Article 3 of the Convention, was the investigation in the present case by the domestic authorities, which resulted in the suspension of the pronouncement of the judgment and deferral of the sentence delivered with regard to the officers concerned, in breach of Article   3 of the Convention (see   Okkalı v.   Turkey , no.   52067/99, §§   65-66 and 75-78, ECHR 2006-XII (extracts), and Ateşoğlu v.   Turkey , no.   53645/10, §§   23 and 28, 20   January 2015)?