CEDH · CASELAW;COMMUNICATEDCASES;ENG — 13 octobre 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 3 November 2025   SECOND SECTION Application no. 14027/24 Hasan Hüseyin ERTAŞ against Türkiye lodged on 23 April 2024 communicated on 13 October 2025 SUBJECT MATTER OF THE CASE The application concerns the applicant’s allegations of ill-treatment during his arrest. On 18 October 2022 several police officers went to the applicant’s home to conduct a search and to arrest him in the context of a criminal investigation initiated against him. In arresting the applicant, the police officers used force. A medical report drawn up on the day of the applicant’s arrest noted severe pain and sensitivity in the applicant’s neck, which could be treated with simple medical care. On 21 October 2022, during the applicant’s questioning before the Magistrates’ Court regarding the charges brought against him, his lawyer stated that the applicant had suffered ill-treatment by the police officers during his arrest. On 24 October 2022 the applicant submitted a criminal complaint to the Kayseri Public Prosecutor’s Office, claiming that police officers had forcefully entered his home, had pinned him down and, despite his indication of severe back problems, had continued to press down on him for around 15 minutes. He also claimed that one of the officers had slapped and insulted him. On 25 November 2022 the public prosecutor decided not to prosecute any officers, finding that they had used proportionate force to prevent the applicant from fleeing, and that there was no evidence demonstrating that they had used excessive force against him. An objection lodged by the applicant against that decision was rejected by the Kayseri Magistrates’ Court. On 5 March 2024 the Constitutional Court rejected the applicant’s complaint concerning a violation of the prohibition of ill-treatment for being manifestly ill ‑ founded. Relying on Articles 3 and 13 of the Convention, the applicant argues that he was subjected to ill-treatment during his arrest, and that the investigation into his claims of ill-treatment was ineffective. QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to inhuman or degrading treatment during his arrest, in breach of Article 3 of the Convention (see Bouyid v.   Belgium [GC], no. 23380/09, §§ 81-90 and 100-01, ECHR 2015)?   2.     Having regard to the procedural protection from 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, §§   114-23)?   The Government are invited to submit the medical reports drawn up in respect of the applicant following his arrest.