CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 janvier 2025

.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 } .sFFD057F { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-align:justify } Published on 10 February 2025   SECOND SECTION Application no. 34119/20 Veli KÖSE against Türkiye lodged on 5 August 2020 communicated on 22 January 2025 SUBJECT MATTER OF THE CASE The application concerns the applicant’s allegations of ill-treatment following the attempted coup d’état of 15 July 2016. The applicant, who used to serve in the General Command of the Gendarmerie, was found by the authorities at the Headquarters of the General Command of the Gendarmerie in the morning of 16 July 2016 at around 6 a.m., after he had been wounded in an armed clash between the police officers and the military personnel participating in the coup attempt. At around 3 p.m. on the same day he was transferred to the Gülhane Military Medical Academy for treatment. He underwent a medical operation for his injuries and remained at the hospital until 26 July 2016, when he was released and taken to the Ankara Security Headquarters. On 1 August 2016 he was placed in pre-trial detention by the Magistrates’ Court and transferred to Sincan Prison. The CCTV and police camera footage in the case file show the applicant being found by the police officers at the entrance of the General Command of the Gendarmerie in an injured state with bleeding in his head, arms, and hands, and his transfer by an ambulance to a hospital nine hours later. On 19 September 2016 he submitted a criminal complaint to the Ankara Public Prosecutor’s Office, claiming that he had been subjected to ill-treatment in that after being found injured at the scene by the authorities, he had been left waiting under the sun for a long time, without being taken to the hospital. On 28 November 2017 the Public Prosecutor’s Office decided not to prosecute, finding that there was not sufficient evidence to bring a criminal case against the officers, aside from the applicant’s abstract allegations. The applicant’s objections to this decision were dismissed. On 3 February 2020 the Constitutional Court found the applicant’s individual application inadmissible for being manifestly ill-founded. According to the applicant, this decision was notified to him on 5   February 2020. The applicant argues that he was subjected to ill-treatment at the hands of the State agents, and that the investigation into his allegations of ill-treatment was ineffective, in violation of Article 3 of the Convention. QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to torture or inhuman or degrading treatment, in breach of Article   3 of the Convention (see Bouyid v.   Belgium [GC], no.   23380/09, §§ 81-90, ECHR 2015, and Salin and Karşin v.   Turkey , no.   44188/09, §§ 60-72, 23 June 2015)?   2.     Having regard to the procedural protection from torture or inhuman or degrading treatment, was the investigation in the present case by the domestic authorities in breach of Article   3 of the Convention (see Bouyid , cited above, §§ 114-123, and Salin and Karşin , cited above, §§   75-81)?