Decision of Court (Second Section Committee), May 19, 2015 (case DURAN v. TURKEY)

• Judge: N\/A
• Resolution Date: May 19, 2015
• Issuing Organization: Court (Second Section Committee)

SECOND SECTION

DECISION

Application no. 79599/13Nagihan DURANagainst Turkey

The European Court of Human Rights (Second Section), sitting on 19 May 2015 as a Committee composed of:

             Nebojša Vučinić, President,

             Paul Lemmens,

             Egidijus Kūris, judges,

and Abel Campos, Deputy Section Registrar,

Having regard to the above application lodged on 5 December 2013,

Having deliberated, decides as follows:

THE FACTS

1. The applicant, Ms Nagihan Duran, is a Turkish national, who was born in 1963 and lives in Aksaray.

2. The facts of the case, as submitted by the applicant, may be summarised as follows.

3. On 10 April 2011 the applicant, her husband and her two sons (B.D., born in 1991, and Y.D.) were involved in a quarrel over a traffic dispute. Following the incident, the applicant, her son (Y.D.) and her husband were arrested and kept in custody for about six hours.

4. Subsequently, the applicant filed a criminal complaint against three police officers for abuse of office. On 24 June 2011 the Aksaray Public Prosecutor delivered a decision of non-prosecution on account of lack of evidence. On 3 October 2011 the Nevşehir Assize Court rejected the applicant’s objection. On 24 December 2012 the applicant filed an individual complaint with the Constitutional Court. On 12 September 2013 the Constitutional Court rejected the case, holding that it did not have competence to examine cases which became final before 23 September 2012.

5. In the meantime, on 13 December 2011 criminal proceedings were instituted against the applicant’s son (B.D.) for intentionally causing bodily harm to a third person. On 13 November 2012 the Aksaray Magistrates’ Court found the applicant’s son guilty as charged, however decided to suspend the pronouncement of the judgment pursuant to Article 231 of the Criminal Procedure Code. B.D. filed an individual application with the Constitutional Court, however his case was dismissed on 17 December 2013.

6. Furthermore, on 7 May 2012 the persons who were involved in the above-mentioned dispute initiated compensation proceedings against the applicant. This case was dismissed on 23 January 2014.

7. Finally a criminal complaint was lodged against the applicant for defamation. On 27 February 2013 the Aksaray Public Prosecutor delivered a decision of non-prosecution. This decision was upheld by the assize court on 8 May 2013.

   COMPLAINTS

8. Without invoking any specific provision of the Convention, the applicant...