CEDH · PRESS;HEARINGS;ENG — 9 novembre 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s44EC9D0F { width:404pt; display:inline-block } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s98A7B623 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sCBC20640 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:12pt } .s595305E7 { font-family:Arial; font-weight:normal; text-decoration:underline } .s241FF221 { margin-top:0pt; margin-left:28.35pt; margin-bottom:0pt; text-align:justify } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sF9C0A319 { margin-top:0pt; margin-bottom:0pt; page-break-after:avoid; font-size:12pt } .s3964C3A3 { width:1.36pt; display:inline-block } .s8F6EDF25 { width:42.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s85016119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:11pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } European Court of Human Rights     627 9.11.1999   Press release issued by the Registrar   HEARING IN THE CASE OF ERTAK v.   TURKEY   Tuesday, 9 November 1999 at 9.30 a.m.     The applicant   The case concerns an application (application no. 20764/92) lodged by a Turkish national, Ismail Ertak, who was born in 1930 and lives in Şırnak (Turkey).   Summary of the facts   The facts as submitted by the applicant   Following incidents in Şırnak (a town in south-east Turkey) from 18 to 20 August 1992, a number of people were taken into police custody on 21 August 1992 at the gendarmerie and security police headquarters. During these events the applicant’s son, Mehmet Ertak, was working at a coal mine. At a checkpoint police officers stopped the taxi Mehmet had taken to return home from work in the company of three other people and took him away with them. Some people being held in police custody at the same time at the security police headquarters stated that they had seen Mehmet Ertak while he was in police custody.   The applicant applied to the Prefect of Şırnak province seeking news of his son’s whereabouts. On 2 October 1992 the applicant lodged a complaint with the Şırnak public prosecutor’s office. On 8 April 1993 the investigating officer responsible for conducting an inquiry into the applicant’s allegations submitted a report to the Şırnak Administrative Council in which he recommended that the case should not be referred to the courts. On 11 November 1993 the Administrative Council ruled that the security police officers had no case to answer. This decision was upheld by the Supreme Administrative Court.   The facts as submitted by the Government   The Government contested the facts and submitted that Mehmet Ertak had never been taken into police custody.   Complaint   The applicant alleged that his son Mehmet Ertak had disappeared after being taken into custody by the security forces and killed while in police custody. In that connection, he relied on Article 2 of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 1 October 1992. Having declared it admissible, the Commission adopted a report on 4 December 1998 in which it expressed the opinion that there had been a violation of Article 2 of the Convention (unanimously) and referred the case to the Court on 6 March 1999.   Composition of the Cour   Elisabeth Palm (Swedish), President, Josep Casadevall (Andorran), Luigi Ferrari Bravo [1] (Italian), Boštjan Zupančič (Slovenian), Wilhelmina Thomassen (Dutch), Tudor Panţîru (Moldovan) Judges, Feyyaz Gölcüklü (Turkish), ad hoc Judge Rait Maruste (Estonian), Substitute Judge,   and also Michael O’Boyle , Section Registrar .     Representatives of the parties   Government :   Deniz Akçay , Co-Agent ; Bilal Çalişkan , Erdoğan Genel , Cengiz Aydın, Meltem Gülsen, Alev Günyaktı , counsel .   Applicant:   Françoise Hampson , counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (Telephone: (0)3 88 41 24 92) Or   Emma Hellyer (Telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights.   On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.   [1] Judge elected in respect of San Marino.