T.A. V. Turkey: ECHR Decision On Expungement.pdf

- Case: T.A. vs. Turkey (Application No. 26307/95)
- Tribunal: European Court of Human Rights (Second Section)
- Date of Decision: 12 March 2002
- Applicant's Lawyer: Serkan Cengiz
- Facts:
- T.A., a Turkish citizen, disappeared on 20 August 1994 after being abducted by two men in civilian clothes, allegedly police officers.
- T.A.'s brother, Mehmet Salim A., was also abducted and has not been seen since.
- T.A. alleges that Mehmet Salim was subjected to ill-treatment and denied access to a lawyer and family.
- Procedural History:
- Application lodged with the European Commission of Human Rights on 29 October 1995.
- Case transferred to the European Court of Human Rights on 1 November 1999.
- Hearing held on 12 March 2002.
- Decision:
- The Court found a violation of Articles 2, 3, 5, 6, 8, 13, 14, 18, 34, and 38 of the European Convention on Human Rights.
- The Court held that Mehmet Salim's disappearance and the lack of an effective investigation into it constituted a violation of Article 2.
- The Court also found that Mehmet Salim was subjected to inhuman and degrading treatment in violation of Article 3.
- The Court held that Mehmet Salim was denied access to a lawyer and family in violation of Article 5 and 6.
- The Court also found violations of Articles 13, 14, 18, 34, and 38.