CEDH · PRESS;GENERAL;ENG — 30 avril 2003

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     234   30.4.2003   Press release issued by the Registrar   On-the-spot inquiry in the case of Tanış and Others v. Turkey   Delegation of the Court   A delegation of three judges of the European Court of Human Rights, composed of Sir   Nicolas Bratza (British), Mr Matti Pellonpää (Finnish) and Mr Rait Maruste (Estonian), assisted by Mr Michael O’Boyle, Section Registrar, have held a hearing in Ankara   (Turkey) from Monday 28 to Wednesday 30 April 2003 to take witness evidence in the case of Tanış and Others v.   Turkey (application no. 65899/01).   The applicants   The application was lodged by four Turkish nationals, Yakup Tanış, Ata Deniz, Şuayip Tanış and Selma Güngen (Tanış), who live in Şırnak. The applicants are the close relatives of Serdar Tanış and Ebubekir Deniz, respectively the chairman and secretary of the Silopi branch of the People’s Democratic Party ( Halkın Demokrasi Partisi ‑ HADEP ).   Summary of the facts   The parties disagree about the facts.   The facts as submitted by the applicants   It is asserted that on 25 January 2001 Serdar Tanış received a call on his mobile telephone from the commanding officer of the local gendarmerie and went to the gendarmerie barracks, accompanied by Ebubekir Deniz. One hour later their relatives and lawyers, who had been unable to reach them on their mobile telephones, asked the Silopi public prosecutor and the Silopi gendarmerie commander what had happened to them. The gendarmerie commander stated by telephone that Serdar Tanış and Ebubekir Deniz had not gone to the gendarmerie barracks and had not been taken into custody.   In response to a complaint lodged by the applicants on 26 January 2001, the Silopi public prosecutor took evidence from eye-witnesses. After a report on the incident had appeared in the press, on 1 February 2001, the governor of Şırnak province stated in writing that Serdar Tanış and Ebubekir Deniz had gone to the Silopi gendarmerie barracks on 25 January and had left the building half an hour later.   The applicants assert that they have not received any news of or from Serdar Tanış and Ebubekir Deniz since 25   January 2001.   The facts as submitted by the Government   It is asserted that on 17 and 18 January 2001 respectively Serdar Tanış and his father went to the Silopi gendarmerie barracks to see the commander on duty and signed the register kept to record the times at which people entered and left. At 2 p.m. on 25 January 2001 Serdar Tanış and Ebubekir Deniz went to the gendarmerie barracks to visit the commanding officer, but as he was not there they spoke to another gendarme and left at 2.30 p.m. They signed the register when they arrived and when they left.   In response to the complaint lodged by the relatives of Serdar Tanış and Ebubekir Deniz, the Silopi public prosecutor began an investigation and took evidence from the applicants. The disappearance of their relatives was reported to the relevant authorities, and photographs and descriptions of them were sent to public prosecutors’ offices and police stations in the region.   On 3 March 2001 the authorities searched a vehicle which had entered Turkey from northern Iraq and seized a letter which revealed that Serdar Tanış and Ebubekir Deniz were at a PKK camp in Doloki (Iraq). The driver and the owner of the vehicle and the father of Serdar Tanış were taken into police custody. They were released after making statements and were acquitted by the Diyarbakır National Security Court on 18 April 2002.   Complaints   The applicants assert that they are concerned about the fate of Serdar Tanış and Ebubekir Deniz, alleging that they were extrajudicially executed while in police custody, notwithstanding the authorities’ denials that they had been detained. They allege a violation of Articles 2 (right to life), 3 (prohibition of torture and inhuman or degrading treatment), 5   (right to liberty and security) and 13 (right to an effective remedy) of the Convention.   Procedure   The application was lodged with the Court on 9 February 2001 and declared admissible on 11   September 2001.   ***   Further information about the Court, and its decisions and judgments, can be found on its Internet site ( http://www.echr.coe.int ).   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Joanna Reynell (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (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.