CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 janvier 2026

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 16 February 2026   SECOND SECTION Application no. 18422/25 İlyas BAŞAK against Türkiye lodged on 16 May 2025 communicated on 30 January 2026 SUBJECT MATTER OF THE CASE The application concerns the applicant’s allegations of ill-treatment during police custody. On 28 March 2019 the applicant was arrested by the authorities on suspicion of membership of an armed terrorist organisation, the PKK (Workers’ Party of Kurdistan). He remained in police custody until 3   April 2019, when he was released by the Magistrates’ Court. During his police custody, nine medical reports were prepared regarding the applicant. One of these reports, dated 29 March 2019, noted that the applicant had tenderness in the coccyx area and near the left shoulder blade. The remaining medical reports noted no signs of battery or assault. On 29 March 2019 the applicant submitted a criminal complaint to the Şanlıurfa Public Prosecutor’s Office, claiming that he had been subjected to ill-treatment in police custody. He asserted that while in police custody he had been forced to stand facing a wall for an extended period. He stated that his hands had been tied behind his back with a rope, he had been made to kneel, and his head had been pushed down toward the ground. According to the applicant, police officers applied pressure to his body with their feet and pulled his arms upward from behind while they were tied. On the same day, the public prosecutor ordered the Şanlıurfa Forensic Medicine Institute to carry out an additional medical assessment of the applicant. This assessment also noted tenderness through palpation on the applicant’s left armpit at the level of the outer edge of the left scapula, and at the lower section of the lumbar region. The medical report concluded that, although there were no detectable skin lesions, the tenderness identified in these regions could be consistent with the effects of blunt-force contact, as alleged by the applicant. On 11 November 2019 the public prosecutor decided not to prosecute any officers, finding the applicant’s allegations unsubstantiated. An objection lodged by the applicant against that decision was rejected by the Şanlıurfa Magistrate’s Court. On 31 October 2024 the Constitutional Court found the applicant’s individual application, in which he had complained of a violation of the prohibition of ill-treatment, inadmissible for being manifestly ill-founded. That final decision was served on the applicant on 20 January 2025. Relying on Articles 3, 6 and 13 of the Convention, the applicant argues that he was subjected to ill-treatment at the hands of State agents and that the investigation into his claims was ineffective. QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to inhuman or degrading treatment at the hands of State agents, in breach of Article 3 of the Convention (see   Bouyid v.   Belgium   [GC], no.   23380/09, §§   81-90, ECHR 2015)?   2.     Having regard to the procedural protection from inhuman or degrading treatment, was the investigation in the present case by the domestic authorities in breach of Article   3 of the Convention (see   Bouyid , cited above, §§   114-23)?