155 12 hrcd [ 2001 ] PART ONE: EUROPEAN COURT OF HUMAN RIGHTS SUMMARIES OF JUDGMENTS 156 12 hrcd [ 2001 ] 157 12 hrcd [ 2001 ] BERKTAY v. TURKEY Right to life – no violation Article 2 Prohibition of inhuman treatment – violation/no violation Article 3 Right to liberty and security – violation Article 5, Section 1(c) Right to an effective remedy – violation Article 13 Not hinder right to make individual application – no violation Article 34 People in police custody were vulnerable and the authorities had a duty to protect them. States were morally responsible for all detained persons, since such persons were entirely in the hands of police officers. When only the authorities were aware of all or part of the events concerned, as was the case with people held under their control in custody, any injury to such persons during that period gave rise to a strong factual presumption. In a judgment delivered on 1 March 2001 in the case of Berktay v. Turkey , the European Court of Human Rights held: – unanimously, that there had been no violation of Article 2 (right to life) of the European Convention on Human
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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