CEDH · PRESS;GENERAL;ENG — 2 février 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s48F8B750 { font-size:8pt; display:none } .sBE975F9 { width:33.32pt; display:inline-block } .sC4CED65A { width:12.24pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s23A41E03 { width:36pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS   83   2.2.2000   Press release issued by the Registrar   HEARING IN THE CASE OF İLHAN v. TURKEY   Wednesday 2 February 2000 at 2.30 p.m.   The applicant   The case concerns an application brought by Nasır İlhan, a Turkish citizen, who was born in 1950 and lives in İşılklar, Urfa, Turkey.   Summary of the facts   On 26 December 1992, an operation was carried out by gendarmes at Aytepe village early in the morning. During the operation, the applicant’s brother Abdüllatif İlhan received injuries to the head, which were alleged by the gendarmes to have occurred when he fell trying to run away. The gendarmes took Abdüllatif İlhan to the local gendarme station and from there to the Mardin central provincial gendarme station. At 19.10 hours on 27 December 1992, he was admitted for treatment in Mardin State Hospital, where he was found to be in life-threatening condition with signs of semi-paralysis on the left side. He was referred immediately to Diyarbakır State Hospital. At Diyarbakır State Hospital, he was found to be suffering from concussion and left hemiplegion from damage to the brain. In June 1993, he was still suffering 60% loss of function on his left-hand side.   The Mardin public prosecutor commenced two investigations. The first concerning the alleged failure of Abdüllatif İlhan to comply with an order to stop by the gendarmes   resulted in his appearance before the Mardin Justice of the Peace Court and his conviction for that offence on 30 March 1993. The second concerned the injury suffered by Abdüllatif İlhan in respect of which the public prosecutor issued a decision not to prosecute as it was the result of a mishap.   Complaints   The applicant complains principally that his brother was severely beaten by gendarmes and not provided with prompt and necessary medical treatment for his life-threatening injuries in violation of both Articles 2 (right to life) and 3 (prohibition of torture) of the European Convention on Human Rights . He also claims that there was no effective remedy in violation of Article 13 due to the defects in the investigation into the incident.   Procedure   The application was lodged with the European Commission of Human Rights on 24 June 1993. Having declared the application admissible, the Commission adopted a report on 23   April 1999 in which it expressed the opinion by 27 votes to 5 that there had been a violation of Article 2 of the Convention, unanimously that there had been a violation of Article 3 of the Convention and by 29 votes to 3 that there had been a violation of Article 13 of the Convention. The Commission referred the case to the Court on 13 September 1999.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President Elisabeth Palm (Swedish), Antonio Pastor Ridruejo (Spanish), Giovanni Bonello (Maltese), Jerzy Makarczyk (Polish), Pranas Kūris (Lithuanian), Jean-Paul Costa (French), Françoise Tulkens (Belgian), Viera Strážnická (Slovakian), Marc Fischbach (Luxemburger), Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Hanne Sophie Greve (Norwegian), András Baka (Hungarian), Rait Maruste (Estonian), Snejana Botoucharova (Bulgarian), judges Feyyaz Gölcüklü , ad hoc Judge Mindia Ugrekhelidze (Georgian), Nina Vajić, (Croatian), Luigi Ferrari Bravo (Italian), substitute judges, [Note1]   and also Paul Mahoney, Deputy Registrar   Representatives of the parties   Government:   Münci Özmen , Co-Agent , Yaprak Kayaalp , Erdoğan Genel , Levent Şenol and Ayşen Emüler, Advisers .   Applicant:   Françoise Hampson , Counsel , Aisling Reidy , Osman Baydemir,   Metin Kilavuz , Reyhan Yalcindağ and Kerim Yildiz, Advisers.   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)   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 Strasbourg in 1959 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. [Note1]   Remember to place ad hoc judge AFTER judges BUT BEFORE substitute judges.