ECHR; Ümit Diriöz Turkey (No: 38560/04)

The fact that the prosecutor stood on a raised platform in the courtroom did not infringe the principle of equality of arms.
In today’s Chamber judgment in the case Diriöz v. Turkey (application no. 38560/04), which is not final1, the European Court of Human Rights held, unanimously, that there had been:
No violation of Article 6 §§ 1 and 3 (c) of the European Convention on Human Rights.
The case concerned the complaint by an accused that there had been an infringement of the principle of equality of arms in so far as the prosecutor stood on a raised platform whereas he and his lawyer had been placed, as was the rule, at a lower level in the courtroom. The Court considered that whilst this conferred a privileged physical position on the prosecutor in the courtroom, it did not place the accused in a disadvantageous position regarding the defence of his interests. The Court also reiterated that neither the letter nor the spirit of Article 6 of the Convention prevented a person from waiving of his or her own free will the right to legal assistance during police custody.

Principal facts
The applicant, Ümit Diriöz, is a Turkish national who was born in 1977 and is currently being held in Bayrampaşa Prison in Istanbul (Turkey). On 9 September 2000, during an altercation between several individuals, he fired a pistol several times. Four people were injured and a fifth, who had had nothing to do with the altercation, was hit by a stray bullet and subsequently died. On 12 October 2000 the public prosecutor issued an arrest warrant against Mr Diriöz, who had fled.
On 14 January 2001 Mr Diriöz was arrested while in possession of a forged identity card and placed in police custody. The custody report signed on that day indicated that he had been informed, among other things, of his right to legal assistance. In his statement drawn up on 16 January 2001 Mr Diriöz ticked the box “I do not wish to be assisted by a lawyer”.

echr , Government , Italy , istanbul , law , national , news , principle , prison , Switzerland , Turkey

Arseniev, Republic of Moldova (10614/06)

Arseniev v. Republic of Moldova (nos. 10614/06 and 10620/06)
The applicant, Igor Arseniev, is a Moldovan national who was born in 1959 and is serving a 20-year prison sentence for murder in a prison in Chişinău.

Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, he complains about the inhuman conditions of his detention since 2003, notably on account of severe overcrowding, quantity and quality of food and hygiene.

He alleges in particular that, detained in those conditions for up to 23 hours per day, his psychiatric health has suffered. Further relying on Article 6 (right of access to court), he also complains that the courts refused to examine a number of civil proceedings he had brought notably against the prison authorities as he could not pay the court fees and that his appeal in cassation in the criminal proceedings against him was rejected as it had not been typed.

He also alleges under Article 6 that his lawyer in the criminal proceedings had not properly represented him.

echr , freedom , Persons , prison

Turkey’s Somalian Children

Turkey is carrying out a big aid campaign, led by Prime Minister Recep Tayyip Erdogan, for Somali who are suffering in the grip of drought.

In an effort to position himself as the leader of Muslim countries in the Middle East region, Erdogan is trying to show the slamic World that he is not indifferent to the Muslim Somalis. He stands up to Israel in order to gain sympathy of Muslim countries.

However, he is ignores those of his own citizens who are trying to lead their lives under very difficult conditions in Turkey. Because of the economic crises that have been experienced in Turkey, bankrupt businessmen live under very difficult conditions, and they are sought by the courts and police because of their debts.

When these businessmen are caught by the police, they are put into prison for five years. They do not have a prominent address and they constantly change the place they live in order not to be caught. They are unable to receive treatment when they get ill, because in hospitals, the police check whether the person is sought or not by the courts. And if they have a job, they can in no way benefit from social rights, because they cannot register for social security.

ankara , Article , Articles , echr , Economic , European Union , freedom , Human rights , International , law , news , Political , prison , Protocol , Recep Tayyip Erdoğan , Rights , Somalian

Debtor Prison in Turkey!

Since the Republic of Turkey was founded, it has experienced Islamic and ethnical conflicts. Right-wing and left-wing conflicts that began in 1970s among the people continued for 20 years and more than ten thousand people died in these conflicts which were experienced in every city, county and even village of the country.

On September 12th, 1980, a military coup seized power, and the oppressive junta arrested tens of thousand people across the country and these conflicts between the people were terminated.

Turkey constructed many prisons to establish its authority in this environment of conflict which had continued for seventy years. There are prisons in every city and county of the country.

In recent years, Turkey has been catching up with developments which took place around the world in the last century. When the world is changing, Turkey takes part in that change. Furthermore, when the world is changing, Turkey experiences that change two times. While it experiences the change in the world, on the other hand it also experiences a capitalization process.

echr , European , International , Political , prison , Protocol , Rights , Turkey