CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 avril 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sFFD057F { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 22 April 2025   SECOND SECTION Application no. 9233/23 Seda ŞARALDI against Türkiye lodged on 10 February 2023 communicated on 3 April 2025   SUBJECT MATTER OF THE CASE The application concerns the alleged ill-treatment of the applicant in police custody. On 29 October 2020 the applicant, a lawyer registered at the Istanbul Bar Association, was arrested in Denizli. After her arrest, she was transferred to Istanbul. On an unspecified date she was released from custody. A medical report drawn up on 1 November 2020 noted two lesions of 1x2   cm on her right hand. Following her release, the applicant filed a criminal complaint with the Public Prosecutor, claiming that she had been subjected to ill-treatment in police custody. Particularly, she claimed that she had been kept handcuffed with her hands in the back for eight hours during her transfer from Denizli until Bursa. She further claimed that she had been pushed to the ground and kicked by the police officers. On 22 January 2021 the Public Prosecutor issued a decision not to prosecute, relying on the submissions of the Istanbul Security Directorate, which stated that the applicant had resisted arrest and chanted slogans while being transferred from Denizli to Istanbul. She had also resisted giving her fingerprints for the processing of her arrest, as a result of which the police officers had used force to end her resistance. The Public Prosecutor stated that the applicant’s injury, which was treatable by simple medical care, had been caused by the use of a proportionate amount of force by the police officers to subdue her resistance and accordingly, there was no sufficient evidence to bring criminal charges against the police officers. The applicant’s objection to this decision was rejected by the Magistrates’ Court. On 12 October 2022 the Constitutional Court found the applicant’s individual application inadmissible for being manifestly ill-founded. The applicant complains under Article 3 of the Convention that she was handcuffed with her hands in the back for eight hours during her transfer and physically assaulted by the police officers. She also argues that the investigation into her allegations of ill-treatment was ineffective, in violation of Article 3 of the Convention.     QUESTIONS TO THE PARTIES 1.     Was the applicant subjected to torture, inhuman or degrading treatment in breach of Article 3 of the Convention, on account of her being handcuffed with her hands in the back during her transfer, as well as the alleged physical assault she was subjected to in police custody (see Bouyid v.   Belgium [GC], no.   23380/09, §§ 81-90, ECHR 2015, and   Shlykov and Others v. Russia , nos. 78638/11 and 3 others, §§   69-76, 19   January 2021 )?   The Government are invited to submit all the medical reports obtained in respect of the applicant during her custody.   2.     Having regard to the procedural protection from inhuman or degrading treatment, was the investigation by the domestic authorities concerning the applicant’s allegations of ill-treatment in breach of Article   3 of the Convention (see   Bouyid , cited above, §§   114-23)?