European Court of Human Rights
European Court of Human Rights

Turkey : Court rejects Abdullah Öcalan’s complaint alleging ill-treatment

An application from Abdullah Öcalan concerning allegations of ill-treatment has been declared inadmissible by the Europea Court of Human Rights.

In its decision in the case of Öcalan v. Turkey (application no. 12261/10) the European Court of Human Rights has unanimously declared the application inadmissible, finding it to be manifestly illfounded.

The decision is final.

The case mainly concerns allegations by Abdullah Öcalan that he was subjected to ill-treatment in 2008 during a search of his cell. Before being arrested in 1998, he was the leader of the PKK (Kurdistan Workers’ Party, an illegal organisation).

As regards the allegations of ill-treatment, the Court found that there was no arguable claim that Abdullah Öcalan had been subjected to treatment in breach of Article 3 of the Convention by prison warders on 7 October 2008. The Court observed in particular that, on the day of the alleged incidents and on the following days, Abdullah Öcalan had been examined by a number of doctors, who had not found any signs of physical injury or mental distress.

Nor had the applicant himself mentioned anything of the sort. In addition, he had not personally filed a complaint with the prison administration or the public prosecutor responsible for the prison.

As to the investigation, the Court explained that in the absence of any arguable claims, the national authorities did not have any obligation to conduct an effective investigation.

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