Aydin v. Turkey

25 EHRR 251 (1997)

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Aydin v. Turkey

European Court of Human Rights
25 EHRR 251 (1997)

KS

Facts

By the early 1990s, Turkey (defendant) had been involved in an armed struggle with its Kurdish minority for many years. In 1993, Şükran Aydin (plaintiff), a 17-year-old Turkish citizen of Kurdish origin, was arrested and detained by Turkish security forces. Aydin alleged that while detained for three days, Turkish security forces brutally abused and raped her. After her release, Aydin made a complaint about her mistreatment in detention with the local public prosecutor. The subsequent investigatory actions seemed futile and failed to result in a legitimate procedure through which Aydin could pursue a legal remedy. Ultimately, Aydin filed an application with the European Commission of Human Rights (the commission) against Turkey. Aydin charged that the Turkish government and its security forces had violated the prohibition against torture in Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). The commission, after determining that Aydin had been deliberately beaten, physically and psychologically abused, and raped by government officials, referred the case to the European Court of Human Rights (ECtHR).

Rule of Law

Issue

Holding and Reasoning (Ryssdal, C.J.)

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