The Case of Kop - Turkey (20.10.2009)
H. Aslıhan KOMUT
Hasan KOP applied ECHR claiming that 3 Article of European Convention on Human Rights was violated. The government defended that KOP did not exhaust domestic remedies and never stated an act violating 3 article of the Convention. The court refused the government’s defense and stated that the case was admissible. The court had reached a decision against Turkey.
3 Article of European Convention on Human Rights, Torture, Balanced Force, Non-pecuniary Compensation.
The case represented below is the KOP-TR case which was decided by 2nd section of European Court of Human Rights (ECHR) in 19 October 2009.
The name who had applied to Court is Hasan KOP and he is a lawyer. His claim is violation of ' torture prohibition' which is the 3rd Article of European Convention on Human Rights. Events that became the subjects to the decision are stated below.
In June 2004, NATO (North Atlantic Treaty Organization) made its summit meeting in Istanbul. Spokesman of a group, about 300 people, which includes Mr. KOP read a protesting announcement against the summit. But the group didn't have a necessary permission in order to make a protest. For this reason, security forces came to the event area and made a warning. The protesters who took the warning into consideration left the area but a small group, about 100 people, opened banners, chanted slogans and hold a protest march. The group didn't pay attention to warnings and damaged shops around, the police used force to separate the group. Mr. Kop claimed that the police used too much force on himself. So, he made a public notice to prosecutor and at the same time he took a medical report from a specialist. The report contains disability for 5 days because the security's power was ultimate.
