ELCI AND OTHERS v. TURKEY JUDGMENT
96
cited judgments: Akdivar and Others v. Turkey, p. 1211, § 69; Aksoy v.
Turkey, p. 2276, §§ 53 and 54; Şarli v. Turkey, § 60).
606. The Court notes that Turkish law provided administrative, civil and
criminal remedies against illegal and criminal acts attributable to the State
or its agents (see paragraphs 574-581, 583, 587-588 and 590-595 above).
However, it also observes that the applicants put their complaints clearly to
Prosecutor Haney (paragraphs 504-507 above), Judge Ural (paragraphs 508530 above) and the State Security Court (paragraphs 538-541 above). Yet
none of these authorities investigated the applicants' allegations. The Court
recalls the Commission's decision on admissibility of 2 December 1996 and
its comment that “it should have been a matter of considerable concern to
the judicial authorities that a large number of lawyers - members of the Bar
- complained of having been subjected, almost at the same time, to such [illtreatment] during their detention.”
607. In these circumstances, the Court considers that the applicants were
not required to embark on other attempts to obtain redress, such as damage
or compensation claims under administrative or civil law (cf. Assenov and
others v. Bulgaria, judgment of 28 October 1998, Reports 1998-VIII,
p. 3286, § 86).
608. Consequently, the Court rejects the Government's preliminary
objection of non-exhaustion.
609. As to the Government's plea that the case is manifestly ill-founded,
the Court finds no basis in the evidence presented on which to review
further the Commission's decision or now reject the application under
Article 35 § 4 of the Convention in fine. It will consider these arguments of
the Government as being addressed to the merits of the case and to the
question whether there has been a violation of the Convention in the present
case.
610. Accordingly, the Court rejects the Government's preliminary
objections as to the admissibility of the applications.
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
A. Submissions of the parties
1. The applicants
611. Nine of the applicants contended that they had suffered illtreatment contrary to Article 3 of the Convention, which provides as
follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”