CEDH · PRESS;GENERAL;ENG — 19 septembre 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 } .sB220F3F2 { margin-top:0pt; margin-bottom:0pt; text-align:justify; widows:0; orphans:0 } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s1EDF3BA6 { font-family:Arial; font-size:8pt; font-weight:bold; vertical-align:super; color:#0069d6 } .sEA1503C2 { width:6.6pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .sB70F9E4 { width:1.1pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .sF9A986A5 { width:12.2pt; display:inline-block } .s2074421C { width:31.96pt; display:inline-block } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s5E15F1C8 { width:0.33pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .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     611   19.9.2000   Press release issued by the Registrar   HEARING IN THE CASE OF SALİH AND ERCAN KÖKSAL v. THE NETHERLANDS   Tuesday 19 September 2000 at 9.30 a.m.   The applicants   The case concerns an application brought by two Turkish nationals, Salih and Ercan Köksal, who were born in 1944 and 1977 respectively and live in Samsun (Turkey).   Summary of the facts   Salih Köksal is the father of Hüseyin Köksal, who was born in 1961 and died on 8   January   1993; Ercan Köksal is Hüseyin Köksal’s son.   At around 3 a.m. on 7 January 1993 Hüseyin Köksal had a car accident in Venlo (the Netherlands). Police arrived on the scene and arrested Mr Köksal on suspicion of drunk driving. During the arrest Mr Köksal’s head came into contact with the ground, he was handcuffed, dragged along the floor and held down.   He was taken to Venlo Police station, where he was placed in a cell without being medically examined or being given a breathalyser test. No blood or urine samples were taken.   As Mr Köksal’s condition did not improve, a doctor was called at 2.20 p.m. who suspected Mr Köksal might be suffering from concussion and had him transferred to Venlo hospital at 3.10 p.m.   Mr Köksal died on 8 January 1993 at 11.25 a.m.   Forensic reports found the cause of death to be cerebral haemorrhaging caused by the rupturing of an existing aneurysm while he was driving the car, which would explain his loss of control over the car and the subsequent accident.   It was not excluded that external violence might have increased the chance of the bleeding worsening or that he might have survived had he been given medical treatment as early as 3 a.m. on 7 January.   A criminal investigation was opened on 7 January 1993 and closed on 6 February 1993. A preliminary judicial investigation was opened on 8 February 1993 and concluded on 6 July 1993.   On 24 September 1993 the police officer in charge of the arrest, K., was summoned on charges of causing bodily harm concerning the arrest, namely the use of excessive force to apply the handcuffs, dragging Mr Köksal along the ground, kneeling on his back, pressing his head against the ground and keeping him pressed down in the police car. K. was acquitted by the Court of Appeal on 5 April 1995. In Turkey, criminal proceedings are still pending against him on the same charges.   Complaints   The applicants claim Hüseyin Köksal died as a result of being tortured by the police. They also allege that negligence by the police led to a fatal delay in the administration of medical treatment.   They rely on Article 2 (right to life), Article 3 (prohibition of torture) and Article 6 § 2 (presumption of innocence) of the European Convention on Human Rights. Procedure   The application was lodged with the European Commission of Human Rights on 25   October   1995. Following the entry into force of Protocol No. 11 to the Convention on 1   November 1998, the case fell to be examined by the Court in accordance with the provisions of that Protocol. The applicant being Turkish nationals, the Government of Turkey have availed themselves of the right to take part in the proceedings before the Court, under Article 36 § 1 of the Convention.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Wilhelmina Thomassen (Dutch), Gaukur Jörundsson (Icelandic), Riza Türmen (Turkish), Corneliu Bîrsan (Romanian), Josep Casadevall (Andorran), Rait Maruste (Estonian), judges , Luigi Ferrari Bravo [1] (Italian), Boštjan Zupančič (Slovenian), Tudor Panţîru (Moldovan), substitute judges ,   and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Netherlands Government:   Roeland Böcker , Agent , Jacob Struyker Boudier ,         Lisette Knulst , Özlem Canel , Advisers ;   Applicants:         Alain Vallières , Yalcın Korkmaz , Counsel ;   Turkish Government:     Deniz Akçay , Co-Agent , Ayşen Emüler , Adviser .   After the hearing the Court will begin its deliberations, which are held in private.     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. [1] Judge elected in respect of San Marino.