24
İLHAN v. TURKEY JUDGMENT
Abdüllatif İlhan, İbrahim Karahan or any gendarme who might have
witnessed their apprehension. He did not take any steps to discover the
cause or extent of Abdüllatif İlhan's injuries by questioning the doctors who
examined him. As to the medical report by Dr Aydoğan, it was brief, failed
to state the cause of the injuries and covered the minor injuries suffered by
Abdüllatif İlhan.
96. The Government contended that there had been no inadequacies in
the domestic investigation and that Abdüllatif İlhan had failed to lodge any
complaint with the public prosecutor or the Mardin Justice of the Peace
Court about any alleged ill-treatment.
97. The Court reiterates that Article 13 of the Convention guarantees the
availability at the national level of a remedy to enforce the substance of the
Convention rights and freedoms in whatever form they might happen to be
secured in the domestic legal order. The effect of Article 13 is thus to
require the provision of a domestic remedy to deal with the substance of an
“arguable complaint” under the Convention and to grant appropriate relief,
although Contracting States are afforded some discretion as to the manner in
which they conform to their Convention obligations under this provision.
The scope of the obligation under Article 13 varies depending on the nature
of the applicant's complaint under the Convention. Nevertheless, the remedy
required by Article 13 must be “effective” in practice as well as in law, in
particular in the sense that its exercise must not be unjustifiably hindered by
the acts or omissions of the authorities of the respondent State (see the
Aksoy judgment cited above, p. 2286, § 95; the Aydın v. Turkey judgment
of 25 September 1997, Reports 1997-VI, pp. 1895-96, § 103; and the Kaya
v. Turkey judgment of 19 February 1998, Reports 1998-I, pp. 329-30, §
106).
Where an individual has an arguable claim that he has been tortured or
subjected to serious ill-treatment by the State, the notion of “effective
remedy” entails, in addition to the payment of compensation where
appropriate, a thorough and effective investigation capable of leading to the
identification and punishment of those responsible and including effective
access for the complainant to the investigation procedure (see the Tekin
judgment cited above, p. 1520, § 66).
98. On the basis of the evidence adduced in the present case, the Court
has found that the respondent State is responsible under Article 3 for illtreatment of the applicant amounting to torture. The applicant's complaints
in this regard are therefore “arguable” for the purposes of Article 13 (see the
Boyle and Rice v. the United Kingdom judgment of 27 April 1988, Series A
no. 131, p. 23, § 52, and the Kaya and Yaşa judgments cited above, pp. 33031, § 107, and p. 2442, § 113, respectively).
99. The authorities thus had an obligation to carry out an effective
investigation into the circumstances in which Abdüllatif İlhan sustained his
injuries.