KALIN, GEZER, AND OTEBAY v. TURKEY - 24849/94;24850/94;24941/94

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

The case originated in three applications (nos. 24849/94, 24850/94 and 24941/94) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Turkish nationals, Talip Kalın, Ali Gezer and Ekrem Ötebay (“the applicants”), on 1 August 1994 and on 11 August 1994 for the last applicant.

The applicants were represented by Mr Talat Tepe, a lawyer practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicants complained under Article 3 of the Convention that they had been subjected to ill-treatment while in police custody. They also complained under Article 5 § 3 of the Convention that they had not been brought promptly before a judge or other officer authorised by law to exercise judicial power. The applicants maintained that they had been held in police custody for twenty-three, thirty-one and twenty-five days respectively.

Following communication of the applications to the Government by the Commission, the case was transferred to the Court on 1 November 1998 by virtue of Article 5 § 2 of Protocol No. 11 to the Convention. On 18 January 2000, having obtained the parties' observations, the Court declared the applications admissible. The applicants' further complaints were declared inadmissible.